HomeMy WebLinkAboutCOM 0090.000 2008-2010
M.v o. q DONALDIKEDA Phone No.: (808) 961-8261
~'•''L~' '
Council Member Fax No.: (808) 961-8912
District 2 South Hilo " E-mail: dikeda@co.hawaii.hi.us
1r~ O~'M~i1
HAWAI `I COUNTY COUNCIL
N
County of Hawai `i
Hawai'i County Building
25 Aupuni Street 0r) Z
Hilo, Hawai'i 96710 Z C~ H+ FTI ,
dir. tV r}
Date: January 8, 2009
Ij O v
To: J Yoshimoto, Chair =i.
And Council Members r1a
t~
From: Donald Ikeda, Council Member
Re: Proposed Amendment to Bill 391, Which Amends Section 25-8-33 (City of Hilo Zone
Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005
Edition).
Attached please find proposed amendments to Bill 391. The proposed amendments are in Ramseyer
format, and a draft copy of Bill 391, Draft 2, is attached. Bolding was retained for illustrative purpose
only. The proposed amendments will amend existing Conditions "G", "P", and "R", and read as follows:
1. Amend Condition "G":
G. "The applicant shall provide Ifull] improvements to the entire frontage along Kawili
Street consisting of, but not limited to, pavement widening with concrete curb, gutter and
sidewalk, or alternative drainage improvements, such as a swale system, and any
required utility relocation, meeting with the approval of the Department of Public
Works."
2. Amend Condition "P":
P . 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 become due and payable
prior to receipt of Final Plan Approval. The fair share contribution for each lot shall be
based on the actual number of residential units developed. The fair share contribution in
a form of cash, land, facilities or any combination thereof shall be determined by the
Comm. No. 4D
-0-
Hawaii County Is An Equal Opportunity Provider And Employer Ref. To. L~ C^
Ref. Dote JAN 12 2009
January 8, 2009
Page 2 of 3
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 (HCPI). The fair share contribution shall have a
maximum combined value of $7,383.36 per multiple family residential unit ($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 multiple family residential unit (single family
residential units) shall be allocated as follows:
1. $3,642.00 per multiple family residential unit ($5,548.46 per single family
residential unit) to the County to support park and recreational improvements and
facilities;
2. $115.11 per multiple family residential unit ($267.66 per single family residential
unit) to the County to support police facilities;
3. $354.08 per multiple family residential unit ($528.66 per single family residential
unit) to the County to support fire facilities;
4. $157.81 per multiple family residential unit ($231.45 per single family residential
unit) to the County to support solid waste facilities; and
5. $3,114.36 per multiple family residential unit ($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. The requirements
of Conditions G and H and any off-site infrastructure drainage improvements shall
be credited against the road and traffic improvements fair share contribution."
January 8, 2009
Page 3 of 3
3. Amend Condition "R":
R. "To ensure that the Goals and Policies of the Housing Element of the General Plan are
implemented, the applicant shall comply with the requirements of Chapter 11, Article 1,
Hawaii County Code relating to Affordable Housing Policy. This requirement shall be
approved by the Administrator of the Office of Housing and Community Development
prior to Final Plan Approval for any new multiple-family or duplex residential
structures or prior to issuance of additional single-family residential building permits
This requirement, however,
shall not apply to any and all units on the subject property that are planned to be
rented to individuals or family-students attending the University of Hawaii at Hilo
(`UHH') system and other institutions of higher learning within the City of Hilo,
including employees directly associated such as faculty members, with the UHH
and its resources; provided however, that prior to issuance of Final Plan Approval,
developer shall have entered into an agreement with the County of HawaN, in a
form approved by the Administrator of the Office of Housing Community
Development that 1) encourages the development and sustained operations of rental
housing facilities for students and educational purposes and 2) provides for the
rental use as described herein of these units for a minimum period of twenty (20)
years after a minimum start up period and appropriate penalties, including
compliance with the prevailing requirements of Chapter 11."
DI:awm
Att.
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE
1983 (2005 EDITION), BY CHANGING THE DISTRICT CLASSIFICATION FROM
SINGLE FAMILY RESIDENTIAL - 10,000 SQUARE FEET (RS-10) TO MULTIPLE
FAMILY RESIDENTIAL -1,500 SQUARE FEET (RM-1.5) AT WAIAKEA, SOUTH
HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-001:116.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
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 Waiakea, South
Hilo, Hawaii, shall be Multiple Family Residential - 1,500 square feet (RM-1.5):
Beginning at the north corner of this parcel of land, the coordinates of said
point of beginning referred to Government Survey Triangulation Station
"HALAI" being 5,285.13 feet South and 7,371.84 feet East and running by
azimuths measured clockwise from True South:
1. 328° 10' 580.80 feet along Parcel I of County
approved subdivision # 3857;
2. 58° 10' 300.00 feet along Parcel 1 of County
approved subdivision # 3857;
3. 148° 10' 580.80 feet along Parcel 1 of County
approved subdivision # 3857;
4. 238° 10' 300.00 feet along the southeast side
of Kawili Street to the point
of beginning and containing
an area of 4.00'acres.
All as shown on the map attached hereto, marked Exhibit "A" and by
reference made part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983
(2005 Edition), the County Council finds the following conditions are:
(1) 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, its successors or assigns shall be responsible for complying .
with all of the stated conditions of approval.
B. Prior to the issuance of a water commitment by the Department of Water
Supply, the applicant shall submit the anticipated maximum daily water
usage calculations as recommended by a professional engineer, licensed in
the State of Hawaii, and a water commitment deposit in accordance with
the "Water Commitment Guidelines Policy" to the Department of Water
Supply within 180 days from the effective date of this ordinance.
C. Construction of the proposed development shall be completed within five
(5) years from the effective date of this ordinance. Prior to construction,
the applicant, successors or assigns shall secure Final Plan Approval for
the proposed development from the Planning Director in accordance with
Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans
shall identify all existing and/or proposed structures, paved driveway
access and parking stalls associated with the proposed development.
Landscaping shall also be indicated on the plans for the purpose of
mitigating any adverse noise or visual impacts to adjacent properties in
accordance with the requirements of Planning Department's Rule No. 17
(Landscaping Requirements). The applicant shall comply with
landscaping requirements for RM zoning.
D. Prior to Final Plan Approval the applicant shall meet with representatives
of Waiakea High School to determine an adequate physical barrier. If
2
agreement cannot be reached, the Planning Director shall determine the
barrier. The physical barrier shall be installed prior to issuance of a
Certificate of Occupancy.
E. All driveway connections to Kawili Street shall conform to Chapter 22,
County Streets, of the Hawaii County Code.
F. The applicant shall provide (ingress and egress) access improvements
within Kawili Street as required by the Department of Public Works,
which may include, but not be limited to, turning lanes or vehicle refuge
areas.
G. The applicant shall provide improvements to the entire frontage along
Kawili Street consisting of, but not limited to, pavement widening with
concrete curb, gutter and sidewalk, or alternative drainage improvements,
such as a swale system, and any required utility relocation, meeting with
the approval of the Department of Public Works.
H. The applicant shall also install street lights and traffic controls as required
by the Traffic Division, Department of Public Works. The applicant shall
be responsible for the design, purchase, and installation of such devices.
1. A Solid Waste Management Plan shall be submitted to the Department of
Environmental Management for review and approval prior to Final Plan
Approval.
J. All development-generated runoff shall be disposed of on site and shall
not be directed toward any adjacent properties.
K. A drainage study shall be prepared by a licensed civil engineer and
submitted to the Department of Public Works prior to issuance of a
3
construction permit. Any recommended drainage improvements, if
required, shall be constructed meeting with the approval of the
Department of Public Works prior to receipt of a Certificate of
Occupancy.
L. All earthwork activity, including grading and grubbing, shall conform to
Chapter 10, Erosion and Sedimentation Control of the Hawaii County
Code.
M. During construction the applicant shall comply with the Department of
Health's regulations for noise, dust and storm water runoff.
N. The applicant shall complete and submit to the Department of
Environmental Management a wastewater flow contribution report for the
proposed development within 180 days from the effective date of this
ordinance. Should the sewer system on Kawili Street require upgrading
due to development of the property, the applicant shall bear the cost of the
upgrade.
0. The applicant shall install sewer lines within the development to connect
with the County's sewer system, meeting with the approval of the
Department of Environmental Management, prior to the issuance of a
Certificate of Occupancy.
P. 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 become due and payable prior to receipt,of Final
Plan Approval. The fair share contribution for each lot shall be based on
the actual number of residential units developed. The fair share
contribution in a form of cash, land, facilities or any combination thereof
4
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 (HCPI). The fair share contribution shall have a maximum
combined value of $7,383.36 per multiple family residential unit
($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 multiple family residential unit (single family residential
units) shall be allocated as follows:
1. $3,642.00 per multiple family residential unit ($5,548.46 per single
family residential unit) to the County to support park and
recreational improvements and facilities;
2. $115.11 per multiple family residential unit ($267.66 per single
family residential unit) to the County to support police facilities;
3. $354.08 per multiple family residential unit ($528.66 per single
family residential unit) to the County to support fire facilities;
4. $157.81 per multiple family residential unit ($231.45 per single
family residential unit) to the County to support solid waste
facilities; and
5. $3,114.36 per multiple family residential unit ($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
5
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. The
requirements of Conditions G and H and any off-site infrastructure
drainage improvements shall be credited against the road and traffic
improvements fair share contribution.
Q. Should the Council adopt a Unified Impact Fees Ordinance setting forth
criteria for imposition of exactions or the assessment of impact fees,
conditions included herein shall be credited towards the requirements of
the Unified Impact Fees Ordinance.
R. To ensure that the Goals and Policies of the Housing Element of the
General Plan are implemented, the applicant shall comply with the
requirements of Chapter 11, Article 1, Hawaii County Code relating to
Affordable Housing Policy. This requirement shall be approved by the
Administrator of the Office of Housing and Community Development
prior to Final Plan Approval for any new multiple-family or duplex
residential structures or prior to issuance of additional single-family
residential building permits. This requirement, however, shall not apply to
any and all units on the subject property that are planned to be rented to
individuals or family-students attending the University of Hawaii at Hilo
(`UHH') system and other institutions of higher learning within the City of
Hilo, including employees directly associated, such as faculty members,
with the UHH and its resources; provided, however, that prior to issuance
of Final Plan Approval, developer shall have entered into an agreement
with the County of Hawaii, in a form approved by the Administrator of
the Office of Housing. Community Development, that 1) encourages the
development and sustained operations of rental housing facilities for
students and educational purposes and 2) provides for the rental use, as
6
described herein, of these units for a minimum period of twenty (20) years
after a minimum start up period and appropriate penalties, including
compliance with the prevailing requirements of Chapter 11."
S. Should any remains of historic sites, such as rock walls, terraces,
platforms, marine shell concentrations or human burials be encountered,
work in the immediate area shall cease and the Department of Land and
Natural Resource - State Historic Preservation Division (DLNR-SHPD)
shall be immediately notified. Subsequent work shall proceed upon an
archaeological clearance from DLNR-SHPD when it finds that sufficient
mitigation measures have been taken.
T. The applicant shall comply with all applicable County, State and Federal
laws, rules, regulations and requirements.
U. An annual progress report shall be submitted to the Planning Director
prior to the anniversary date of enactment of the ordinance. The report
shall include, but not be limited to, the status of the development and to
what extent the conditions of approval are being complied with. This
condition shall remain in effect until all of the conditions of approval have
been complied with and the Planning Director acknowledges that further
reports are not required.
V. An initial extension of time for the performance 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 assigns, and that are not the result of their fault or
negligence.
7
2. Granting of the time extension would not be contrary to the
General Plan or Zoning Code.
3. Granting of the time extension would not be contrary to the
original reasons for the granting of the change of zone.
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
performed within one year may be extended for up to one
additional year).
5. If the applicant should require an additional extension of time, the
Planning Director shall submit the applicant's request to the
County Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Director may initiate rezoning of the area to its original or more
appropriate designation.
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.
8