HomeMy WebLinkAboutCOM 0198.002 2018-2020Aaron S. Y. Chung
Council Member
District 2 South Hilo
Phone No.: (808) 961-8272
Fax No.: (808) 961-8912
aaron. chung@hawaiicounty.gov
HA WAI `I COUNTY COUNCIL
County of Hawai `i.,
Hawai `i County Building
1 C"
25 Aupuni Street
`i
Hilo, Hawai 96720
TO: Members of the Hawaii County Council
FROM: "Aaron Chung, Council Member
DATE: April 23, 2019
SUBJECT: Proposed Amendments to Bill No. 49; an Ordinance Amending Ordinance
No. 10-64 Which Reclassified Lands From Project District To Project
District At Ponahawai, South Hilo, Hawaii, Covered By Tax Map Key:
2-3-037:001, 2-3-044:019, And 2-3-049:053.
Please find attached proposed amendments to Bill No. 49, Section 2, Conditions P, Q, and R.
The proposed amendments are illustrated below in Ramseyer format as applied to the current
contents of Bill No. 49; material to be deleted is bracketed and stricken, material to be added is
underscored.
A draft copy of Bill No. 49, Draft 2, with these amendments incorporated therein is attached.
1. Proposed amendments to SECTION 2 of Bill No. 49, Condition P:
"P. The Ponahawai Street extension and related intersection improvements shall be
constructed by the applicant, successors, or assigns in [ ] 2 phases. Construction of the
first [she] phase shall commence within five (5) years of the effective date of the. amended
Project District Ordinance, and shall be completed within ten (10) years of the effective date of
the amended Project District Ordinance. Completion of construction may be assured by a
sufficient surety bond, meeting with the approval of the County of Hawaii. Construction of the
first [stage] phase shall include constructing the [entire left.,... of Penahawai Street Ex4ens;,.r
with paved shoulders and paved swales for- the enfir-e width of eighty (80) feet, meeting with the
appr-eval f .] Ponahawai Street Extension within an eighty (80)
foot wide right-of-way,ybeginning from Komohana Street to a point no less than five hundred
(500) feet or the first proposed road lot serving the commercial development, whichever is
Ref. To: V Cbz
Ref. Date7 -Vff 2 4 2019
Hawai `i County Is An Equal Opportunity Provider And Employer
greater, with curbs, gutters, sidewalks and drainage improvements, as approved by the
Department of Public Works. Construction of the balance or second phase shall include paved
swales, paved shoulders, and drainage improvements, as approved by the Department of Public
Works. [
Ponahawai Street extension with eanerete eurbs, > ,
d by the DepaftfnefA of Publie We.] The second [age] phase improvements shall
be completed prior to issuance of a Certificate of Occupancy for any adjacent commercial or
multiple -family residential development or prior to Final Subdivision Approval for any adjacent
subdivision that creates single-family residential lots (not bulk lot subdivision)."
2. Proposed amendments to SECTION 2 of Bill No. 49, Condition Q:
"Q. No single-family residential lot shall have direct access from the either Komohana Street
or Mohouli Street[_ Commercial and/or multiple -family residential projects may have direct
access from either Komohana Street, Mohouli Street, or Ponahawai Street, subject to the
approval of the Department of Public Works in consultation with the Planning Director, with any
applicable off-site improvements or movement restrictions. The location of any permitted road
lots or access shall be determined by the Department of Public Works in consultation with the
Planning Director. Further, no single-family residential lots shall have direct access from the
Ponahawai Street Extension and other proposed arterial streets."
3. Proposed amendments to SECTION 2 of Bill No. 49, Condition R:
"R. Unless otherwise specified by the Planning Director in consultation with the Department of
Public Works, all streets within the project to be dedicated to the County and/or connecting to
adjoining, existing streets, shall be constructed to County dedicable standards, including the
provision of concrete curbs, guttersiand sidewalks[;] except for the first stage construction of the
Ponahawai Street extension as described in Condition P. The curb, Rutter, and sidewalk
requirement shall not apply to roads built to County'dedicable standards within single-family
residential subdivision(s) with lots exceeding 15,000 square feet."
ASYC:awm
att.
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AN ORDINANCE AMENDING ORDINANCE NO. 10 64 WHICH RECLASSIFIED LANDS
FROM PROJECT DISTRICT TO PROJECT DISTRICT AT PONAHAWAI, SOUTH HILO,
HAWAII, COVERED BY TAX MAP KEY: 2-3-037:001,2-3-044:019, AND 2-3-049:053.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 1 and Section 2 of Ordinance No. 10 64 is amended as follows:
"SECTION 1. Section 25-8-33, Article 8, Chapter 25 (Zoning Code) of the Hawaii
County Code 1983 [(2005 Edition)] (2016 Edition, as amended), is amended to change the
district classification of property described hereinafter as follows:
The district classification of the following area situated at Ponahawai, South Hilo,
Hawaii, shall be Project District:
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 [(2005
Edition) (2016 Edition, as amended), the County Council finds the following conditions are:
(1) Necessary to prevent circumstances which may be 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(s), successors or assigns shall be responsible for complying with all of the
stated conditions of approval.
B. This project area shall be called the Wailani Project District.
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C. The Wailani Project District shall consist of not more than 172 acres for single-family
and multiple -family residential, senior housing, medical office campus, commercial
center, business park, open space and recreational uses, and ancillary related
improvements.
D. The maximum number of single-family and multiple -family residential units allowed
shall be [5U] 700 units, [which includes a maximum of 333 senior housing units]
inclusive of any on-site affordable housing units required pursuant to Hawaii County
Code, Chapter 11 (Housing). The density for multiple -family residential uses shall not
exceed 35 units per acre.
E. The maximum square footage of the medical office campus, commercial center, and
business park uses shall be [480000] 420,000 square feet. No single commercial
business may contain more than 45,000 square feet in gross floor area.
F. The minimum lot size for single-family residential units shall be 7,500 square feet.
G. A minimum of 26 acres shall be used for open space and recreational uses, which
includes a minimum of 7 acres for active recreational use.
H. The uses disclosed in the application, as listed below, and those required as conditions to
this Ordinance will be allowed in the Wailani Project District. The provision of other
uses not listed will require an amendment to this Project District Ordinance.
1. All uses allowed as a matter of right in the RS, RM, and CN zoned districts.
2. All uses allowed as a matter of right in the CV zoned district, except for hotels,
manufacturing, warehousing, and light -industrial uses.
3. Open space and recreational uses, including ball fields, linear parks, pedestrian
paths and bikeways.
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4. Infrastructure improvements.
I. A revised detailed Master Plan of the Project District, [whie , inel des the ieeat�c�ion and
uses,number- of r-esidential lots and tmits, eenuner-eial areas-,-
pedestfian pathways and bikeways, land X .
> >
,] shall be submitted to the Planning Director within two
(2) years from the effective date of the amended Project District Ordinance or prior to
submission of plans for plan approval or subdivision approval, whichever occurs first.
The revised Master Plan shall describe and depict the phasing of the overall development,
the location and number of residential lots and units, commercial uses, open space and
recreational areas, pedestrian pathways and bikeways, landscaping, roadways, parking,
and other related improvements on the property. The Planning Director may approve
changes made by the applicant to the Master Plan to accommodate evolving land use
concepts, topographical/physical conditions, cost, and related matters to assure the
orderly and timely implementation of the Project District, so long as the changes are not
significant as determined by the Planning Director and do not change the permitted land
uses, overall densities, open space requirements, and infrastructure requirements, and are
not contrary to the amended Project District Ordinance.
J. Upon approval of the revised Master Plan depicting the phasing of the overall
development, [The] the applicant shall provide a revised detailed water master plan
showing the water system improvements needed for each phase of the development. The
plan shall meet with the approval of the Department of Water Supply and shall be
submitted to the Planning Director within two (2) years from the effective date of the
amended Project District Ordinance or prior to submission of plans for plan approval or
residential or non -bulk lot subdivision approval, whichever occurs first. A bulk lot refers
to a lot created for the purpose of enabling its subsequent development pursuant to the
approved master plan.
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K. The applicant, successors, or assigns are responsible for maintaining valid water
commitments for the 200 units of water currently available to the Wailani Project District
until such time that required water facilities charges are paid in full and necessary water
system improvements are constructed and conveyed to the County of Hawaii Water
Board. Before a water commitment for the development can be effected, beyond the
initial water commitment of 200 units of water, the applicant shall enter into a Water
Development Agreement with the Water Board, pursuant to Rule 5 of the Department of
Water Supply's rules and regulations. The Agreement will establish, but not be limited
to, the scope of water system improvements required to serve the development, allocation
of water to the development, duration of water commitments, timeline for completion of
improvements, and payment of applicable facilities charges. The applicant shall also
construct all water system improvements as required by the Department of Water Supply
through its standards. These improvements may include but not be limited to additional
source, transmission, storage and booster pump facilities.
L. Construction of [100,000 square feet ef the proposed medieal effiee park
] any commercial and
residential component of the Wailani Project District shall commence within five (5)
years of the effective date of the amended Project District Ordinance and shall be
completed within five (5) years from the construction commencement date.
Stfeet and related inte-rseetion imprevements shall eewi:aeaee v��in five (5) years of the
may be asstffed by a suffieient stffety bond, meeting with the approval of the County of
H ] Final Plan Approval shall be secured in accordance with the requirements of
the Chapter 25 (Zoning Code), Hawaii County Code, prior to the commencement of
construction of the stated uses.
M. The following design standards shall apply:
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1. Landscaping for the development shall comply with the Zoning Code and
Planning Department's Rule No. 17, Landscaping Requirements.
2. The height limit for structures within the project shall not exceed the following:
a. Single -Family Residential Development: thirty five (35) feet.
b. Multiple -Family Residential Development (including Senior Housing):
forty five (45) feet, provided approval is granted by the Planning Director
as part of the approval of the site plan in accordance with Section 25-6-46,
Chapter 25 (Zoning Code), Hawaii County Code.
C. Medical Office Campus, Commercial Center, and Business Park
Development: forty (40) feet, provided approval is granted by the
Planning Director as part of the approval of the site plan in accordance
with Section 25-6-46, Chapter 25 (Zoning Code), Hawaii County Code.
3. The minimum yards (setback) shall be as follows:
a. Single -Family Residential Development:
(1) On a building site with an area of 7,500 square feet to and
including 9,999 square feet:
(a) Front and rear yards: 15 feet; and
(b) Side yards: 8 feet.
(2) On a building site with an area of 10,000 square feet to and
including 19,999 square feet:
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(a) Front and rear yards: 20 feet; and
(b) Side yards: 10 feet.
(3) On a building site with an area of 20,000 square feet or more:
(a) Front and rear yards: 25 feet; and
(b) Side yards: 15 feet.
b. Multiple -Family Residential Development:
(1) Front and rear yards: 20 feet; and
(2) Side yards: 8 feet for a one-story building, plus an additional 2 feet
for each additional story.
C. Medical Office Campus, Commercial Center, and Business Park
Development:
(1) Front and rear yards: 15 feet; and
(2) Side yards: none, except where the side yard adjoins the side yard
of a building site used for purposes allowed in RS or RM zones,
the yard setback appropriate for the RS or RM district shall be
used.
4. The minimum off-street parking and loading space requirements of Chapter 25,
Hawaii County Code shall be complied with. The American Disabilities Act
(ADA) requirements shall also be complied with.
[0-.]N. The Wailani Project District shall connect to the County sewer system. The applicant
shall conduct a sewer study in accordance with the then applicable wastewater system
design standards prior to approval to connect to the County sewer system. Prior to the
issuance of a Certificate of Occupancy, the applicant shall provide such sewer line or
other facility improvements as the Director of the Department of Environmental
Management may reasonably require, which the sewer study may indicate are advisable
for mitigation of impacts of the development.
hereafter- as the eaenahawai Street n
standards,) shall be a minimum fight of way:,Mdth of
eighty (80) feet c-md built to GoufAy dedieable ,
gtAtefs,sidewalks,
X letion, the roadway shall be dedieated, at no eost, to the .] Based on an
alignment meeting with the approval of the Department of Public Works in consultation
with the Planning Director, the applicant, its successors or assigns shall provide and
dedicate to the County a minimum right -of —way width of eighty (80) feet for the
extension of Ponahawai Street from Komohana Street to Mohouli Street (referred to
hereafter as the "Ponahawai Street extension"). Said right-of-way shall be dedicated at no
cost to the County no later than completion of improvements within that portion of the
right-of-way, or earlier without improvements, upon request by the Count.
P. The Ponahawai Street extension and related intersection improvements shall be
constructed b__ t�pplicant, successors, or assigns in 2 phases. Construction of the first
phase shall commence within five (5) years of the effective date of the amended Project
District Ordinance, and shall be completed within ten (10) years of the effective date of
the amended Project District Ordinance. Completion of construction may be assured by a
sufficient surety bond, meeting with the approval of the County of Hawaii. Construction
of the first phase shall include constructing the Ponahawai Street Extension within an
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eig_hty(80) foot wide right -of --way, beginning from Komohana Street to a point no less
than five hundred (500) feet or the first proposed road lot serving the commercial
development, whichever is greater, with curbs, gutters, sidewalks and drainage
improvements, as approved by the Department of Public Works. Construction of the
balance or second phase shall include paved swales, paved shoulders, and drainage
improvements, as approved by the Department of Public Works. The second phase
improvements shall be completed prior to issuance of a Certificate of Occupancy for any
adjacent commercial or multiple -family residential development or prior to Final
Subdivision Approval for any adjacent subdivision that creates single-family residential
lots (not bulk lot subdivision)
Q. No single-family residential lot [lam] shall have direct access from either Komohana
Street or Mohouli Street [, exel sive of perm 1- e read lots.]. Commercial and/or
multiple -family residential projects may have direct access from either Komohana Street,
Mohouli Street, or Ponahawai Street, subject to the approval of the Department of Public
Works in consultation with the Planning Director, with any@pplicable off-site
improvements or movement restrictions. The location of any permitted road lots or access
shall be determined by the Department of Public Works in consultation with the Planning
Director. Further, no single-family residential lots shall have direct access from the
Ponahawai Street Extension and other proposed arterial streets.
R. Unless otherwise specified by the Planning Director in consultation with the Department
of Public Works, all streets within the project to be dedicated to the County and/or
connecting to adjoining, existing streets, shall be constructed to County dedicable
standards, including the provision of concrete curbs, gutters-, and sidewalks[,,] except for
the first stage construction of the Ponahawai Street extension as described in Condition P.
i
The curb, gutter, and sidewalk requirement shall not apply to roads built to County
dedicable standards within single-family residential subdivision(s) with lots exceeding
15,000 square feet.
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[T -.]S. Streetlights and traffic control devices, as may be required by the Traffic Division,
Department of Public Works, shall be designed, purchased and installed by the applicant.
[U-.1 Updated Traffic Impact Analysis Report(s) (TIAR) certified by a licensed engineer shall
be submitted to the Planning Director for review and approval prior to receipt of Final
Plan Approval for each phase of the development or Preliminary Subdivision Approval
for each phase of the residential development and not bulk lot subdivision. All additional
mitigation measures, including intersection and/or roadway improvements, called for in
the updated TIAR shall be implemented prior to receipt of a Certificate of Occupancy or
Final Subdivision Approval, as the case may be. In the case of the Final Subdivision
Approval, completion of construction may be assured by a sufficient surety bond meeting
with the approval of the County.
[V -.]U. Because of potential roadway noise, there shall be a minimum 70 -foot setback from the
Komohana Street right-of-way, and a 90 -foot setback from the Mohouli Street right-of-
way, for any residential structure.
[W -.]V. All development -generated runoff shall be disposed of on-site and shall not be directed
toward any adjacent properties. A drainage study shall be prepared by a licensed civil
engineer and submitted to the Department of Public Works for review and approval prior
to issuance of Final Plan Approval or Final Subdivision Approval, whichever occurs first.
Any recommended drainage improvements, if required, shall be constructed meeting with
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the approval of the Department of Public Works prior to receipt of a Certificate of
Occupancy for any structure or receipt of Final Subdivision Approval for a non -bulk lot
subdivision. The applicant shall develop a program, meeting with the approval of the
Department of Public Works, that maintains the two major floodways free of debris and
obstructions, including trees that could be uprooted and clog the culverts during storms.
[X -.]W. Any construction within the Federal Emergency Management Agency (FEMA)
designated flood zones shall conform to Chapter 27, Floodplain Management, of the
Hawaii County Code.
[-Y-.]X. There shall be no construction of residential structures and related improvements or other
substantial buildings, or subdivision roads (unless the roads are protected from flooding
in a manner meeting with the approval of the Department of Public Works) within areas
designated Zone "AE" or "A" on the Flood Insurance Rate Map (FIRM). Restrictive
covenants in the deeds of all lots shall give notice of the terms of this rezoning condition.
A copy of the proposed covenant(s) to be recorded with the State of Hawaii Bureau of
Conveyances shall be submitted to the Planning Director for review and approval prior to
issuance of Final Subdivision Approval for a non -bulk lot subdivision. A copy of the
recorded document shall be filed with the Planning Department upon its receipt from the
Bureau of Conveyances. No residential lots may be created which lack a buildable area.
As represented by the applicant, the main Alenaio Stream drainageway shall be kept as
an open space area, except for drainage improvements which may be required pursuant to
the drainage study, and park improvements, including bicycle and pedestrian paths.
[Z -.]Y. All earthwork activity, including grading and grubbing, shall conform to Chapter 10,
Erosion and Sedimentation Control, of the Hawaii County Code.
[AA -.]Z. The applicant shall contact the U.S. Department of Army Corps of Engineers to identify
whether a federal permit is required for any possible work involving the discharge of fill
material into wetlands or Alenaio Stream.
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["]AA. The applicant shall contact the State Department of Health as to whether a National
Pollutant Discharge Elimination System (NPDES) general or individual permit is
required for this development.
[G&.]BB. The applicant shall comply with the State Department of Health's regulations and rules
related to, but not limited to, Underground Injection Systems, Air Pollution, Food
Establishment Sanitation, Water Quality, and Community Noise.
[DD. CC. A Solid Waste Management Plan shall be prepared and submitted to the Department of
Environmental Management for review and approval prior to the issuance of Final Plan
Approval or Final Subdivision Approval for a non -bulk lot subdivision.
[£�]DD. Pu'u Honu shall be preserved as a natural feature.
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EE. The applicant, successors, or assigns shall implement the mitigation commitments for
Site 14947 (portion of Hilo Boarding School and Old Mission Ditch) and Site 30294
(Pu`u Honu) as described in the SHPD-approved preservation plan titled Archaeological
Preservation Plan for the 163 Acre Wailani Project, Escott April 2017.
[1 -1 -.]FF. [ > of ehafeeal
deposits, lymnan > >
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in the immediate area shall eease and the Department of Land and Nattifal Resatffees
when it is fiaund that suffleient mitigation meastifes have been tak .] In the unlikely
event that surface or subsurface historic resources, including human skeletal remains,
structural remains (e.g. rock walls, terraces, platforms, etc.), cultural deposits, marine
shell concentrations, sand deposits, or sink holes are identified during the demolition
and/or construction work, cease work in the immediate vicinity of the find, protect the
find from additional disturbance and contact the State Historic Preservation Division at
(808) 933-7651. Subsequent work shall proceed upon an archaeological clearance from
DLNR-SHPD when it finds that sufficient mitigation measures have been taken.
[JJ -.]GG. 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 receipt of a Certificate of Occupancy for the multiple -family residential
development or the occupancy of the first single-family dwelling, whichever occurs first.
[KK -.]HH. The applicant, successors or assigns shall make its fair share contribution to mitigate the
potential regional impacts of development of the properties 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 Subdivision Approval
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and /or 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 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 (HOPI). The fair share contribution shall have a maximum
combined value of [$7,738.r14] $9,195.34 per multiple family residential unit
([$129059. cc] $14,329.89 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 unit) shall be allocated as follows:
1. [$29417.17 $4,535.80 per multiple family residential unit ([$5,815.331
$6,910.13 per single family residential unit) to the County to support park
and recreational improvements and facilities;
2. [$428:64] $143.36 per multiple family residential unit ([$280.531 $333.35
per single family residential unit) to the County to support police facilities;
3. [$371-14] $440.97 per multiple family residential unit ([$9] $658.40
per single family residential unit) to the County to support fire facilities;
4. [$'] $196.54 per multiple family residential unit ([$242591 $288.25
per single family residential unit) to the County to support solid waste
facilities; and
5. [$39264.151 $3,878.67 per multiple family residential unit ([$5,167.021
$6,139.77 per single family residential unit) to the County to support road
and traffic improvements.
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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 construction and land costs associated with the Ponahawai
Street extension and the recreational or park area(s) that are dedicated to the
County as outlined in Conditions G and L shall be credited against the park and
recreational and road and traffic fair share requirements. This condition shall not
apply to any housing units constructed within the Wailani Project District and
defined as `affordable' by Chapter 11 (Housing), Hawaii County Code and so
certified by the County Office of Housing and Community Development.
[L4—,. ] II. 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.
[]JJ. Comply with all other applicable County, State and Federal laws, rules, regulations and
requirements.
[NN -.]KK. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of the approval of this amended Project District Ordinance. The report
shall include, but not be limited to, the status of the development and the extent to which
the conditions of approval are being satisfied. This condition shall remain in effect until
all of the conditions of approval have been satisfied and the Planning Director
acknowledges that further reports are not required.
[80:]LL. An initial extension of time for the performance of conditions within the ordinance may
be granted by the Planning Director upon the following circumstances:
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(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.
(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 Project District.
(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 Department shall submit the applicant's request to the County
Council for appropriate action.
[P-g]MM. Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the subject area to its original or
more appropriate designation."
SECTION 2. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed and stricken material, and
underscoring need not be included.
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
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applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 4.This ordinance shall take effect upon its approval.
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