HomeMy WebLinkAboutRES 034 Draft 02 1996-1998
. .
...~~.
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 34 9i
(DRAFT 2)
RESOLUTION OF THE COUNTY COUNCIL OF THE COUNTY OF HAWAI'I
AUTHORIZING THE EXEMPTION OF THE PROPOSED UNIVERSITY HEIGHTS
AFFORDABLE HOUSING PROJECT SITE FROM CERTAIN ZONING, SUBDIVISION
AND ROADWAY CODES AND OTHER REQUIREMENTS, PURSUANT TO
CHAPTERS 201E-201 AND 201E-210 OF THE HAWAI'I REVISED STATUTES.
WHEREAS, White Hat Development Corporation (hereinafter
"WHDC") has been working to develop an affordable housing project
(hereinafter "University Heights West") on land at Maka'ula,
North Kona, Hawai'i, and identified as TMK: 7-3-03: 7 & 17, to
provide decent, safe and sanitary housing to qualified
individuals of the County of Hawai'i (hereinafter "County"); and
WHEREAS, the Office of Housing and Community Development
(hereinafter "OHCD") has been working with the WHDC to develop
this project; and
WHEREAS, the County and the WHDC mutually desire to develop
affordable single family homes for sale to families with income
levels of 140 percent (140%) and below the median family income
for the County of Hawai'i; and
WHEREAS, the OHCD has determined that (1) the WHDC is an
acceptable and eligible developer in satisfaction of the
requirements of Chapter 201E, Hawai'i Revised Statutes; and
(2) the Maka'ula area is a good and proper choice for housing
development and construction; and
WHEREAS, the County and the WHDC will be entering into an
agreement to develop the University Heights West affordable
housing project; and
WHEREAS, the WHDC has agreed to contribute $62,500 to pay
for the costs of related recreation improvements; and
WHEREAS, the preliminary subdivision plans submitted for the
University Heights West affordable housing project are attached
hereto as "Exhibit A"; and
.
.
WHEREAS, the preliminary roadway plans submitted for the
University Heights West affordable housing project are attached
hereto as "Exhibit A"; and
WHEREAS, to enable the University Heights West affordable
housing project to remain 100 percent (100%) affordable, as
defined by the Interim Affordable Housing Policy for the County
of Hawai'i, the OHCD is proposing to utilize Chapter 201E-210,
Hawai'i Revised Statutes, which allows certain housing projects
to be exempt from certain laws and rules, provided the County
Council approves; and
WHEREAS, the University Heights West affordable housing
project will promote the goals contained in Chapters 201E,
46-15.1, Hawai'i Revised Statutes, and in Chapter 2, Article 13,
Hawai'i County Code.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COUNCIL OF THE
COUNTY OF HAWAI'I, that preliminary subdivision plans for the
University Heights West affordable housing project site are
hereby approved as attached hereto as "Exhibit A."
BE IT FURTHER RESOLVED, that the preliminary roadway plans
for the University Heights West affordable housing project site
are hereby approved as attached hereto as "Exhibit A."
BE IT FURTHER RESOLVED, that upon compliance with
Chapter 25, Article 30, of the Subdivision Code and/or code
requirements exempted pursuant to provisions of Chapter 201E-210,
Hawai'i Revised Statutes, the preliminary subdivision plans for
the University Heights West affordable housing project site shall
be granted final subdivision approval.
BE IT FURTHER RESOLVED, that pursuant to provisions of
Chapter 201E-210(a) (3) (C), Hawai'i Revised Statutes, the Mayor of
the County of Hawai'i or his duly authorized representative shall
be the responsible County official who will certify maps and
plans of lands connected with the University Heights West
affordable housing project as having complied with applicable
laws and ordinances relating to the subdivision of lands.
BE IT FURTHER RESOLVED, that the White Hat Development
Corporation has agreed to contribute $62,500 to be used to pay
for the costs of related recreational facilities for the
immediate area before the first house is occupied.
BE IT FURTHER RESOLVED, that a copy of this resolution be
transmitted to the White Hat Development Corporation, the
Planning Director for the County of Hawai'i and the Office of
Housing and Community Development.
.
,~,
---- -- -- - .------- - - ----
-------~-
- ------ ---- -~
.
.
. I
I
I
\
Dated at Hila, Hawai'i, this 7th
1997.
day of February
INTRODUCED BY:
I
I
I
I
I
I
I
I
I
I
i
I
COUNTY COUNCa
County of Hawaii
Hilo, Hawaii
ROLL CALL VOTE
AYES NOES ADS EX
ARAKAKI X
CHUNG X
LElTIIEAD- TODD X
RAY X
REYNOLDS X
SANTANGEW X
SMITH X
TYLER X
YAGONG X
8 1 0 0
Reference C-126
I hereby certify that the foregoing RESOLUTION was by the
vote indicated to the right hereof adopted by the COUNCn. of the
County of Hawaii on Februm:y 7, 1997
ATTEST:
~~
COUNTY CLERK
CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. __~ 4
0612H.EST
97 (DRAFT 2)
----~- ---- ~----
T __ _____ <<____ --- - - - - .~- --- --.--
.
, '.
.
.
Pursuant to Chapter 201E-210, Hawaii Revised Statutes, the
following exemptions from code requirements and standards, as
established by Public Works, are requested as follows:
1. Land Use Commission Docket No. A92-679, Condition 5:
"Petitioner shall participate in the funding and
construction of school facilities, on a pro rata basis, as
determined by the State Department of Education."
Condition 5, as amended by the July 15, 1996, LUC Order
Granting Motion to Amend Conditions of Approval:
Prior to the occupancy of the first house in the
subject project, the Petitioner shall provide a
fair-share contribution for school facilities as
determined by the Department of Education. The
contribution may be a combination of land,
services and/or cash required to address the
impact on school facilities.
Change of Zone Ordinance No. 93-131, Condition (N): "the
applicant shall work with State Department of Education and
the Planning Department to provide its pro rata share for
school facilities. The pro rata share determination and its
implementation shall be approved by the Planning Department,
in consultation with the Department of Education, in
conjunction with Final Subdivision Approval of the proposed
developmenti"
Exemntion: In light of the commitment to offer for sale
100% of the lots to qualified affordable housing target
group purchasers, delete requirement to provide pro rata
share for State of Hawai'i Department of Education school
facilities.
2. Change of Zone Ordinance No. 93-131, Condition (G): "Prior
to the final inspection and occupancy of the first house(s)
within the subdivision, the applicant shall bond and/or
construct that portion of the Kauwila Street extension
fronting the subject property which runs from the north and
south boundaries of the subject property on lands owned by
the State of Hawai'i, and shall be constructed to County-
dedicable standards with a sixty (60) foot right-of-way
meeting with the approval of the Department of Public
Works."
Subdivision Application No. 96-066, October 11, 1996,
Tentative Subdivision Approval, paragraph 11: "Refer Change
of Zone Ordinance No. 93-133. For the portion of Kauwila
Street between the north and south boundaries of the
subdivision, provide minimum 20-ft. wide dedicable pavement
with paved shoulders and swales within a minimum 60-ft.
width right-of-way conforming to Department of Public Works
Standard Detail R-34."
0611H.BST
EXHIBIT "A"
, "
I
I
I
I
I
I
I
I
I
i
I
I
I
I
I
I
i
I
I
I
.
.
ExemDtion: Delete the paving requirements and require only
rough grading of the Kauwila Street extension within the
north and south boundaries of the subdivision to its
designed "sub-grade" in accordance with the plans and
specifications approved by the Department of Public Works."
3. Change of Zone Ordinance No. 93-131, Condition (M): "To
insure that the Goals and Policies of the Recreation Element
of the General Plan are implemented, the applicant shall
construct three residential areas totaling a minimum of 3.5
acres for active and passive recreational uses within the
subject property which shall be dedicated and accepted by
the County of Hawai'i upon its request. The configuration
and improvements to the park, including and not limited to
grading, grassing, irrigation, fencing, one basketball
court, a combination volleyball/biddy basketball court, a
mini soccer field and a "tot lot," shall meet with the
approval of the Planning Department in consultation with the
Department of Parks and Recreation, prior to final
subdivision approval. A park maintenance and operational
plan shall be submitted for review and approval by the
Planning Department in consultation with the Department of
Parks and Recreation in conjunction with final subdivision
approval. Until such time that the park is dedicated to and
accepted by the County, there shall be adequate assurance,
as determined by the Corporation Counsel, for the
maintenance of the private park by recorded covenant running
with the land which shall include the following:
(1) obligate the subdividers, purchasers, occupants, or
association in the subdivision to maintain the park in
perpetuity; and (2) empower the County, through the
Department of Parks and Recreation, to enforce covenants to
maintain the park, authorizing the performance of
maintenance work by the county in the event of failure by
the subdividers, purchasers, occupants, or association in
the subdivision to perform such work and permit the
subjecting of the land and properties in the subdivision to
a lien until the cost of the work performed by the County
has been reimbursed. The parks and its improvements shall
be completed prior to the final inspection and occupancy of
the first house(s) within the proposed development;"
Exemction: Delete this requirement.
4. Subdivision Application No. 96-066, October 11, 1996,
Tentative Subdivision Approval, paragraph 12: "Final plat
map shall not reflect any roadway remnants."
ExemDtion: Allow modification to standard residential lot
dimensions to allow incorporation of remnants into the
adjacent lots and/or roads.
5. Subdivision Application No. 96-066, October 11, 1996,
Tentative Subdivision Approval, paragraph 13: "Based on the
prevailing RS-7.5 zoning, construct Road "C," Road "B," and
061lH.EST
, "
.
.
Road "I" with ml.nl.mum 20-ft. wide dedicable pavement and
with concrete curbs, gutters and sidewalks within a minimum
50-ft. wide right-of-way conforming with Standard Detail R-
32 with horizontal and vertical alignment based on 35 mph
design speed."
EXemDtion: Modify requirement for concrete curbs, gutters
and sidewalks (Detail R-52) to allow paved swales
constructed pursuant to Department of Public Works Detail R-
34. Allow use of design speed of 25 miles per hour within
University Heights Subdivision.
6. Subdivision Application No. 96-066, October 11, 1996,
Tentative Subdivision Approval, paragraph 14: "Submit
construction plans and drainage report for review and
comment."
a. Additional storm runoff due to development shall be
disposed within the subdivision and shall not be
discharged onto adjacent properties or roadways. For
planned drYWells, satisfy Department of Health (DOH)
drywell requirements, including issuance of an
Underground Injection Control (UIC) permit to the
subdivider.
Exemotion: Vary Detail R-40 (Note 4) which requires 20-foot
minimum drywell depth to increase the total number of
drYWells proposed with 8-foot depths. Delete requirement
for obtaining Department of Health Underground Injunction
Control (UIC) permit for modified drYWells. See Exhibit "C"
hereto for proposed drywell detail.
7. Subdivision Application No. 96-066, October 11, 1996,
Tentative Subdivision Approval, paragraph 15: "As a
condition of subdivision final approval, record a deed
covenant stating that the roadways are privately owned and
not maintained by the County."
Exemotion: Permit the dedication to and acceptance by the
County of Hawai'i of all project roadways (Roads "A," "B,"
"C," and road stubouts to the north and south properties).
8. Subdivision Application No. 96-066, October 11, 1996,
Tentative Subdivision Approval, paragraph 16: "Comply with
all conditions of approved Change of Zone Ordinance No. 93-
131 (REZ 752), Land Use Commission Docket No. A92-679
(LUC 832) and Planned Unit Development Permit (PUD 52)."
Exemotion: Modify the above approvals and permits to the
extent allowed by HRS Chapter 201E in conformity to this
request.
0611H.BST
'. .'
.
.
9. Subdivision Application No. 96-066, October 11, 1996, ,
Tentative Subdivision Approval, General Roadway
Requirements: Access Road "A" on Mar parcel, TMK: (3)7-3-
03: 10, and main subdivision Road "A" - variance from DPW
standard roadway details relating to grade percentage,
right-of-way width and turning details.
Exemotion: Vary and allow street grades of up to and
including 20%, and 50-foot right-of-way, with paved swales
for public roadway.
10. Subdivision Application No. 96-066, October 11, 1996,
Tentative Subdivision Approval, Other Exemptions: The
County shall quitclaim any and all interest in the Homestead
Roadway lots located at the south boundary of the subject
property and at the northern boundary of the Kalaoa View
Estates property.
Exemotion: Waive all requirements to transfer of lands with
the exception of County Council/County Housing Agency
approvals.
0611H.EST
.
.
~
OlSlGH (NGt4CU SI1AlL
IHSltCc:'T ~~ (:I TIo1€
ek.....~ c.A1~....H
Ale WIItrr ~ ~
aUIICITY 'NltrnEN VU."'CArIOH
>>l~ ... ~ 10 f)iC l)./!'I'C
~ ",.,...,.,.... .....'" CAMIC)T
~~TL~.~I~.
n;w:;,";;: ~'TNi ~1SIaN~G.. "
VPI'ICA"CN AHO CUTI "ICA rlON
SX\I.L "loSC ~"C 'TWf. U401N€ER~
~OntC~Ns Ql.Qu)QIC
TICII.
TYPICAL SEC710N- DR.~INtGE: BAS IN
- .....r s.
i[(:Q. S'I". OI'T.fl.lt..O OIfIf'W 11.L. CClYItR,
r ,:""....! .. MATI Of"" footOOl'IIU;).
I
I .1'
-, 12 c~"
CI_,
III ',eARS ..,"g c.
, y.' I EAC~ WAT! T'r~~l
~~~~lt I
'far' e:e-r
-~~
e'I!lpJ"
,~
lit
C:Q"'TR\l'=T C " "-i. CUlAOE
WAlL W"E"E SlOeS "At
UNSTAa.lr.
,"'I~"Y-
~IN.O~ ....SI"" \'1....11
^
, ",
-~~
/1,"
1 I I ,;'
,~
" ",..
'/.J'~
......_i'Y'
--
BASIN PLAt~:, ~i:ii'L .
.MODIFIED R-40 1;)RYWfill. CO~F<
~ additiDmU rem'fCr'Cefl1ent
WILD 1;Z". ~ '/2"'" ~O.F.~. ( ~ )
AS SHOW""
..~ ,..AS ACC~ TO Rt~'S AT
CT1C.... 5&.AP.l AS S~O'N...
'" T.I.
.
.
........~ --
EXHIBIT "A"
DONALD IKEDA
County Clerk
CONSTANCE R. KIRIU
, LegislallVe Audilor
. 'j
I
I
I
I
,
i
.
.
OFFICE OF 'THE COUN'TY CLERK
County of Hawaii
Hawaii County Building
25 Aupuni Sma
Hllo, Hawaii 96720
~
On Resolution No. 34-97, reference is made to
Exhibit "A," the preliminary subdivision and roadway plans for the
University Heights West affordable housing project attached hereto.
Because of its large size, said attachment is not part of the
duplicate copies of this Resolution, but is available 1
in the
Office of the County Clerk.
If further information is needed, call 961-8255.
AJ.~~~
Donald Ikeda
County Clerk