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Home My WebLink AboutCOM 1088.001 2014-2016 kt • Office: (808)965-2712 From the office of- :�P.•'�� Ii1� Council Member ;��' • Fax: (808) 965-2707 District 4—Puna Makai Email: gilagan@hawaiicouyaty.gov j rr+ t - 4tf Gf•H�,J_ GREGGOR ILAGAN 25 Aupuni Street,Hilo,Hawaii 96720 S . November 14, 2016 c- ' 0 •c MEMORANDUM To: Dru Mamo Kanuha, Chair g And Members of the Hawai`i County Council ..- From:4 4_I Greggor Ilagan ' Council Member Re: Proposed Amendments to Resolution No. 668-16; A Resolution to Initiate the Process of Renaming Ma`ili Street in Leilani Estates to "Maile Street." Please find attached proposed amendments to Resolution No. 668-16. The amendments are illustrated below in Ramseyer format with respect to the contents of Resolution No. 668-16 (material to be deleted is bracketed and stricken; material to be added is underscored). 1. Resolution No. 668-16 is amended by amending the second WHEREAS clause to read as follows: WHEREAS, [as a result of County signage and sources such as Google Maps,] the street has been known incorrectly as "Maile Street," causing discrepancies on billing,banking, identification, mortgage documents, and real estate transactions for those who reside on this street; and 2. Resolution No. 668-16 is amended by amending the seventh WHEREAS clause to read as follows: WHEREAS, Chapter 14, Article 14, Division 3, Section 14-86 of the Hawai`i County Code 1983 ([25] 2016 Edition, as amended)prohibits two streets in the same judicial district or zip code from sharing the same name; and 3. Resolution No. 668-16 is amended by deleting the ninth WHEREAS clause: [WHEREAS, Bill No. 231 proposes to amend the street name criteria by amending Section 11 86 of the Hawai`i County Code 1983 (2005 Edition, as amended) to allow for two - ,, ,, • - •• • - - e] Comm.No. 0 F5g. Hawai'i County Is an Equal Opportunity Provider And Employer Ref.TO: Ref.Date 4. Resolution No. 668-16 is amended by inserting a new clause as the ninth WHEREAS clause to read as follows: "WHEREAS, Chapter 14, Article 14, Division 1, Section 14-81(c) of the Hawai`i County Code 1983 (2016 Edition, as amended) states: "The director may grant reasonable exceptions to the requirements in this article upon consultation as appropriate with the director of public works, fire chief, and/or police chief to accommodate existing conditions or unusual street or land use patterns; and" 5. Resolution No. 668-16 is amended by amending the eleventh WHEREAS clause to read as follows: "WHEREAS, Chapter 14, Article 14, Division 3, Section 14-85(b) of the Hawai`i County Code 1983 ([204 51 2016 Edition, as amended) states in relevant part that: "The County council, director, street owner, or property owner along the street may initiate the naming or renaming of an existing street. ... When initiated by the County council, the council may direct the director by resolution. The director will name or rename a street in accordance with the criteria set forth in this article"; now, therefore," 6. Resolution No. 668-16 is amended by amending the enacting clause to read as follows: "BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Planning Director is directed to initiate the process of renaming Ma`ili Street in Leilani Estates to "Maile Street" [following enactment of the ordinance proposed in the final draft of Bill No. 7. Resolution No. 668-16 is amended by inserting a new BE IT FURTHER RESOLVED clause to read as follows: "BE IT FURTHER RESOLVED that pursuant to Section 14-81(c) of the Hawai`i County Code 1983 (2016 Edition, as amended)the Planning Director is requested to determine whether sufficient "existing conditions or unusual street or land use patterns" are present to grant a reasonable exception to Section 14-86(a) of the County Code in regards to Ma`ili Street in Leilani Estates." 8. Resolution No. 668-16 is amended by amending the BE IT FINALLY RESOLVED clause to read as follows: "BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Planning Director{], the Director of Public Works, the Fire Chief, and the Chief of Police." A draft copy of Resolution No. 668-16, Draft 2, is attached with these amendments incorporated therein. GI/ps Att. A RESOLUTION TO INITIATE THE PROCESS OF RENAMING MA`ILI STREET IN LEILANI ESTATES TO "MAILE STREET." WHEREAS, the Planning Department has identified a street in the Leilani Estates subdivision in the judicial district of Puna as "Ma`ili Street"; and WHEREAS, the street has been known incorrectly as "Maile Street," causing discrepancies on billing, banking, identification, mortgage documents, and real estate transactions for those who reside on this street; and WHEREAS, real property tax records list 58 parcels on Ma`ili Street, including 32 parcels with residential structures and 13 parcels that list a nonexistent "Maile Street, Pahoa, HI 96778" on their mailing addresses; and WHEREAS, the president of the Leilani Estates Community Association has stated on September 20, 2016, that the Planning Department's determination the street is not named Maile Street "was news to us and has caused a great deal of discomfort for our residents on the street"; and WHEREAS, the most efficient resolution to this conflict is to rename Ma`ili Street to Maile Street in Leilani Estates; and WHEREAS, Eden Roc Estates includes a street lawfully named "Maile Street"; and WHEREAS, Chapter 14, Article 14, Division 3, Section 14-86 of the Hawai`i County Code 1983 (2016 Edition, as amended) prohibits two streets in the same judicial district or zip code from sharing the same name; and WHEREAS, Eden Roc Estates and Leilani Estates are in the same judicial district; and WHEREAS, Chapter 14, Article 14, Division 1, Section 14-81(c) of the Hawai`i County Code 1983 (2016 Edition, as amended) states:"the director may grant reasonable exceptions to the requirements in this article upon consultation as appropriate with the director of public works, fire chief, and/or police chief to accommodate existing conditions or unusual street or land use patterns; and WHEREAS, this resolution has no effect on the Maile Street in Eden Roc Estates; and WHEREAS, Chapter 14, Article 14, Division 3, Section 14-85(b) of the Hawai`i County Code 1983 (2016 Edition, as amended) states in relevant part that: "The County council, director, street owner, or property owner along the street may initiate the naming or renaming of an existing street. ... When initiated by the County council, the council may direct the director by resolution. The director will name or rename a street in accordance with the criteria set forth in this article"; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Planning Director is directed to initiate the process of renaming Maili Street in Leilani Estates to "Maile Street." BE IT FURTHER RESOLVED that pursuant to Section 14-81(c) of the Hawai`i County Code 1983 (2016 Edition, as amended) the Planning Director is requested to determine whether sufficient "existing conditions or unusual street or land use patterns" are present to grant a reasonable exception to Section 14-86(a) of the County Code in regards to Ma`ili Street in Leilani Estates. BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Planning Director, the Director of Public Works, the Fire Chief, and the Chief of Police.