HomeMy WebLinkAboutBIL 084 Draft 02 2018-2020PC -16
BILLS FOR ORDINANCES
September 3, 2019
Bill 83: AMENDS THE STATE LAND USE BOUNDARIES MAP FOR THE COUNTY
OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE
AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT PU`U`EO,
SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY: 2-6-008: PORTION
OF 026
Postponed: June 18, July 23, and August 20, 2019
(Note: There is a motion by Ms. Lee Loy, seconded by Ms. David, to recommend
passage of Bill 83 on first reading.)
WITHDRAWN
; and
Bill 84: AMENDS SECTION 25-8-33 (CITY OF HILO ZONE MAP), ARTICLE 8,
(Draft 2) CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983
(2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT
CLASSIFICATION FROM AGRICULTURAL — TWENTY ACRES (A -20a)
AND OPEN (0) TO SINGLE-FAMILY RESIDENTIAL — TEN THOUSAND
SQUARE FEET (RS -10) AND FAMILY AGRICULTURAL — ONE ACRE
(FA -la) AT PUU`EO, SOUTH HILO, HAWAII, COVERED BY TAX MAP
KEY: 2-6-008:026 AND 2-6-008:027
(Applicant: Edmund C. Olson Trust) (Area: 39.68 acres)
The Windward Planning Commission forwards its favorable recommendation for
this amendment to the State Land Use Boundaries Maps and change of zone, which
would allow the applicant to consolidate and resubdivide the proposed project site into
51 total lots.
Reference: Comm. 315.2
Intr. by: Ms. Kierkiewicz (B/R)
Postponed: June 18, July 23, and August 20, 2019
(Note: There is a motion by Ms. Lee Loy, seconded by Mr. Richards, to recommend
passage of Bill 84, Draft 2, on first reading.)
POSTPONED INDEFINITELY:
Ayes: Committee Members Chung, David, Eoff,
Kaneali`i-Kleinfelder, Lee Loy, Poindexter, Richards,
Villegas, and Chair Kierkiewicz — 9.
Noes: None.
Absent: None.
Excused: None.
Page 2
.114
COUNTY OF HAWAII _* STATE OF HAWAII
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BILL NO. 84
ORDINANCE NO. (DRAFT 2)
AN ORDINANCE AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP),
ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016
EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL—TWENTY ACRES (A-20a) AND OPEN (0) TO SINGLE-FAMILY
RESIDENTIAL—TEN THOUSAND SQUARE FEET (RS-10) AND FAMILY
AGRICULTURAL—ONE ACRE (FA-la) AT PU`U`EO, SOUTH HILO, HAWAII,
COVERED BY TAX MAP KEY: 2-6-008:026 AND 2-6-008:027.
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 (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 Pu`u`eo, South Hilo,
Hawaii, shall be Single-Family Residential— 10,000 square feet (RS-10) and Family
Agricultural— 1 acre (FA-1 a):
LOT 2A:
Beginning at the Northwest corner of this parcel of land, being also the northeast
corner of Lot 3A the coordinates of which referred to Government Survey Triangulation
Station "HALAI" being 4,807.30 feet North and 1,224.91 feet East and running by
azimuths measured clockwise from true South:
1. 262° 27' 337.41 feet along Lot 1, along the remainder
deed of Commissioners of Crown
Lands to Thomas Spencer;
2. 341° 40' 313.19 feet along the west side of Wainaku
Street;
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3. 94° 00' 367.64 feet along Clem Akina Park, along
the remainder of deed of
Commissioners of Crown Lands to
Thomas Spencer;
4. 163° 45' 236.77 feet along Lot.3A, along the
remainder of deed of Commissioners
of Crown Lands to Thomas Spencer
to the point of beginning and
containing an area of 2.128 Acres.
LOT 2B:
Beginning at the southwest corner of this parcel of land,the coordinates of said
point of beginning referred to Government Survey Triangulation Station "HALM" being
3,949.99 feet North and 651.62 feet East and running by azimuths measured clockwise
from True South:
1. 180° 00' 428.18 feet along the remainder of a portion
of Deed of Commissioners of Crown
Lands to Thomas Spencer;
2. 172° 27' 300.07 feet along the remainder of a portion of
Deed of Commissioners of Crown Lands
to Thomas Spencer;
3. 82° 27' 14.00 feet along the remainder of a portion of
Deed of Commissioners of Crown Lands
to Thomas Spencer;
4. Thence along the remainder of a portion of Deed of Commissioners of Crown
Lands to Thomas Spencer, along a curve
to the right having a radius of 1,050.00
feet, the chord azimuth and distance
being:
86° 13' 30" 138.26 feet;
5. 90° 00' 35.25 feet along the remainder of a portion of
Deed of Commissioners of Crown Lands
to Thomas Spencer;
6. 180° 00' 349.42 feet along Lot 3;
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Thence following along the centerline of the stream and all its windings, for the
next three (3) courses,the direct
azimuths and distances between
points being:
7. 306° 00' 135.00 feet;
8. 246° 00' 150.00 feet;
9. 323° 34' 253.04 feet;
10. 341° 40' 38.70 feet along Lot 1;
11. 262° 27' 394.53 feet along Lot 1;
12. 343° 45' 474.87 feet along the remainder of a portion
of Deed of Commissioners of Crown
Lands to Thomas Spencer and Clem
Akina Park;
13. 42° 22' 26.80 feet along Lot 2;
14. 7° 59' 30" 27.00 feet along Lot 2;
15. 00° 00' 67.35 feet along Lot 2;
16. 67° 48' 64.80 feet along Lot 2;
17. 101° 45' 106.90 feet along Lot 1;
18. 88° 57' 164.00 feet along Lot B-1;
19. 351° 37' 275.45 feet along Lots B-1 and A-1;
20. 88° 39' 20" 396.00 feet along the north side of
`Amauulu Road to the point of
beginning and containing an area of
12.82 acres.
LOT 3 AND PORTION OF LOT 2:
Beginning at the southeast corner of this parcel of land, the coordinates of said
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point of beginning referred to Government Survey Triangulation Station "HALAI" being
3,949.99 feet North and 651.62 feet East and running by azimuths measured clockwise
from True South:
1. 88° 39' 20" 766.19 feet along the north side of
`Amauulu Road;
2. 167° 18' 30" 152.55 feet along the remainder of a portion
of Deed of Commissioners of Crown
Lands to Thomas Spencer;
3. 87° 11' 30" 307.48 feet along the remainder of a portion
of Deed to Commissioners of Crown
Lands to Thomas Spencer;
4. 180° 00' 505.07 feet along Lot 4;
5. 173° 10' 535.89 feet along Lot 4;
Thence along Lot 7 and following along the centerline of the stream and all its
windings, for the next five (5)
courses, the direct azimuths and
distances between points being:
6. 280° 37' 328.07 feet;
7. 295° 26' 199.00 feet;
8. 233° 08' 142.00 feet;
9. 304° 14' 174.00 feet;
10. 249° 15' 197.00 feet;
11. 00° 00' 349.92 feet along Lot 2;
Thence along the remainder of Deed of Commissioners of Crown Lands to
Thomas Spencer for the next five (5)
courses,the azimuths and distances
between points being:
12. 270° 00' 35.25 feet;
13. Thence along a curve to the left having a radius of 1,050.00 feet,the chord
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azimuth and distance being:
266° 13' 30" 138.26 feet;
14. 262° 27' 14.00 feet;
15. 352° 27' 300.07 feet;
16. 00° 00' 428.18 feet to the point of beginning and
containing an area of 24.73 acres.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawaii County Code 1983 (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, its successors or assigns shall comply with all of the stated
conditions of approval.
B. A water commitment deposit shall be paid to the Department of Water Supply
within 180 days from the effective date of this ordinance in accordance with
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Rule 5 of the Department of Water Supply's Rules and Regulations. The
applicant is responsible for maintaining valid water commitments to support the
proposed use until such time that required water facilities charges are paid in full.
C. Prior to issuance of Final Subdivision Approval, the applicant shall construct
necessary water improvements, which shall include but not be limited to: 1)water
mains capable of delivering water at adequate pressure and volume under peak-
flow and fire-flow conditions (minimum diameter of mains shall be six (6) inches,
from Wainaku Street extending along the new roadway and into each cul-de-sac);
2) service laterals that will accommodate 5/8-inch sized meters to each lot; 3) fire
hydrants spaced no more than 600 feet apart and within 300 feet of the driveway
or access for each lot. On dead-end streets, the last fire hydrant shall be located at
one-half the distance from the last house, or unit, fronting the property line, or to
the driveway or access for the property; and 4) subject to other agencies'
requirements to construct improvements within the road right-of-way fronting the
property affected by the proposed development, the application shall be
responsible for the relocation and adjustment of the Department of Water
Supply's affected water system facilities, should they be necessary.
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D. Final Subdivision Approval shall be secured within five (5) years from the
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effective date of this ordinance. No variance from the minimum water and road
requirements in Hawaii County Code Chapter 23 and 25 shall be granted to
subdivide the property.
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E. Prior to subdivision of any portion of the rezoned area, a Traffic Impact Analysis
Report (TIAR) shall be submitted for review and approval by the Department of
Public Works. The TIAR shall incorporate analysis of the traffic impact of the f
1
maximum number of lots that could be created by the resulting Zoning
designations. The applicants shall implement, when required by the Department of
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i
Public Works, at no cost to the County, any transportation system improvements
to Wainaku Street that may be deemed necessary by the Department of Public
Works.
F. Access to Wainaku Street and all driveway connections to County Streets shall
conform to Chapter 22, County Streets of the Hawaii County Code.
G. Prior to issuance of Final Subdivision Approval,the applicant, its successors or
assigns shall provide improvements to the Wainaku Street frontage of TMK
(3) 2-6-008:026, consisting of, but not limited to driveway and sidewalk
rehabilitation meeting the requirements of the Americans with Disabilities Act
and the approval of the Department of Public Works, drainage improvements, any
required utility relocation, and installation of street lights and traffic controls as
required by and meeting the requirements of the Department of Public Works.
H. To promote future roadway connectivity,prior to Final Subdivision Approval,the
applicant shall construct at least one (1) 50-foot roadway connection to each of the
following,: 1)the southern property boundary at Amau`ulu Road; 2)the northern
property boundary west(mauka) of TMK: 2-6-008:010; 3)to the eastern(makai)
property boundary at Wainaku Street; and 4) to the western(mauka)property
boundary.
I. Any road or street within the project area providing connection to adjacent
properties or roadways shall be constructed to County dedicable standards and
dedicated to the County.
J. All development generated runoff shall be disposed of on site and not be directed
toward any adjacent properties. A drainage study and proposed mitigation
measures to address the impact of the proposed subdivision of the project site
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shall be prepared by professional civil engineer licensed in the State of Hawaii
for review and approval by the Department of Public Works, prior to or in
conjunction with the submittal of plans for subdivision review. Further,prior to
finalizing and submitting the drainage study, there shall be a discussion with area
residents at a public meeting and a summary of said discussion shall be included
in the drainage study. Drainage improvements, if required, shall be constructed in
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a manner meeting with the approval of the Department of Public Works prior to
the issuance of Final Subdivision Approval.
K. The applicant shall comply with the Department of Health's Hawaii
Administrative Rules (HAR) Chapter 11-55,rules regarding Water Pollution
Control, which requires an NPDES permit for certain construction activities.
4
L. Prior to issuance of Final Subdivision Approval,the applicant, successors or
assigns shall extend a sewer system to service the proposed subdivision in
accordance with Section 23-85 of the Hawaii County Code.
f
M. As required by the Director of the Department of Environmental Management
(DEM), the applicant, its successors, or assigns shall conduct a sewer study prior
to connection to a sewer system. The applicant shall provide sewer line or other
facility improvements as the Director of DEM may reasonably require, which the
sewer study may indicate are advisable for mitigation of impacts of the proposed
proj ect.
N. Restrictive covenants in the deeds of all resulting lots shall give notice that the
terms of the zoning ordinance prohibit the construction of a second dwelling unit
and condominium property regimes on each lot. This restriction may be removed
by amendment of this ordinance by the County Council. The owners of the
A�
property may also impose private covenants restricting the number of dwellings.
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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 the issuance of Final Subdivision Approval. A copy of the
recorded document shall be filed with the Planning Department upon its receipt
from the Bureau of Conveyances.
O. The applicant, successors or assigns shall be responsible for complying with all
requirements of Chapter 205, Hawaii Revised Statutes, relating to permissible
uses within the State Land Use Agricultural District.
P. Prior to the issuance of any land alteration permits, the applicant, its successors or
assigns shall secure approval of an Archaeological Inventory Survey (AIS) by the
State Department of Land and Natural Resources—State Historic Preservation
Division(DLNR-SHPD) and implement interim preservation mitigation measures
as may be recommended for the rezoned area. Further, the requirements of the
AIS, which may include the submittal and SHPD approval of a Burial Treatment
Plan and/or a Preservation Plan and Monitoring Plan to address the existing
cemetery and treatment of inadvertent discovery of burials outside of the
designated cemetery area, shall be adhered to and implemented prior to or in
conjunction with the development of the project. Moreover, prior to or as part of
the issuance of Final Subdivision Approval,the applicant shall implement
mitigation measures for the historic area cemetery as recommended by the AIS
and directed by DLNR-SHPD.
Q. In the unlikely event that surface or subsurface historic resources, including
human skeletal remains, or burials, 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
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disturbance and contact the State Historic Preservation Division at(808) 933-
7651. Further, in the event inadvertent burials are found outside of the designated
cemetery area,the protocols identified in the SHPD-approved Burial Treatment
Plan and/or Preservation Plan shall be adhered to.
R. The applicant, its successors or assigns shall subdivide and dedicate to the
County, for the expansion of Clem Akina Park, not less than 1.69 acres of
TMK(3) 2-6-008:026. The configuration and land area of the park expansion
shall be determined in consultation with the Department of Parks and Recreation
and shall be approved by its Director. The park expansion area shall be clearly
identified as such on all plans submitted for subdivision of the subject properties
and shall be free of any encumbrances or restrictions,unless specifically agreed to
by the Director of the Department of Parks and Recreation. The applicant shall
prepare and submit all documents necessary for dedication of the park expansion
area in conjunction with Final Subdivision Approval for any portion of the
rezoned area. Finally, the park,expansion area shall be dedicated to the County
within one (1) year of Final Subdivision Approval or prior to the issuance of a
building permit for a dwelling unit or accessory structure within the rezoned area
whichever occurs first.
S. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the development 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 and shall
be based on the actual number of additional residential lots created. 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 (HCPI). The fair
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share contribution shall have a combined value of$14,329.89 per residential lot.
The total amount shall be determined with the actual number of residential lots
according to the calculation and payment provisions set forth in this condition.
The fair share contribution per residential lot shall be allocated as follows:
1. $6,910.13 per residential lot to the County to support park and recreational
improvements and facilities;
2. $333.35 per residential lot to the County to support police facilities;
3. $658.40 per residential lot to the County to support fire facilities;
4. $288.25 per residential lot to the County to support solid waste facilities;
and
5. $6,139.77 per residential lot 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 fair market value of the land to be dedicated for park
expansion as required in Condition R shall be credited against the sum specified
in Condition S (1) for park and recreational improvements and facilities.
T. 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,
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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 Subdivision Approval.
U. 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.
V. The applicant, its successors and/or assigns shall comply with all applicable
County, State and Federal codes, laws,rules, regulations and requirements for the
proposed development, including the Department of Public Works, Department of
Water Supply and Department of Health.
W. 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.
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.
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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).
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the area to its original or more
appropriate designation.
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
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.
INTIWDUCED BY:
Ir
COUNCIL MEMBER, COUNTY OF H AI`I
Hawaii
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
REFERENCE Comm. 315.6
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51
A-20a R5 15
A-200 R -15
R5-15 R -15 R -15 V-75
RM-1
R -10 RM-1
R -10 RM-1
R -1
RM-1 R -1
A-20a
RM-1
LOT 2A RM I
A-20a OPEN(0)TO SINGLE FAMILY RESIDENTIAL- R -1
A-20a 10,000 SQUARE FEET(RS-10) RM
2.128 ACRES lZ
RM-1 2 R -1
A-3a
A-20a 4,807.30' G
—1,224.91'E
'HALAT' (P- R
A-20a
RM-1
R -1
-----------------
M-
1 '
LOT 3 and Portion of LOT 2
AGRICULTURAL-TWENTY ACRES(A-20a)TO OPEN
FAMILY AGRICULTURAL-ONE ACRE(FA-1 a) R -
24.73 ACRES
RM-1 RM 1
R5-7.5 RM-1 RM 1 R
R -
RM-1 RM- RM 1 R
RS-7.5
AMAU'ULU RD
3,949.99'N A-20a M- -
R5 7.5 651.62'E
R5-7.5 HALA'I" R -1
RS-7.5 LOT 2B R
R -7,5 AGRICULTURAL-TWENTY ACRES(A-20a)TO
SINGLE FAMILY RESIDENTIAL-
10,000 SQUARE FEET(RS-10)
12.82 ACRES
R5-7.5 RM-1
- RM-1
A-20a
A-200
A-20a PE C
RS-15 R5-15
5-1 5- H CD
Feet
0 500 1,000 1,500 2,000
AMENDMENT TO THE ZONING CODE
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP)ARTICLE 8, CHAPTER 25 (ZONING)
OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED),
BY CHANGING THE DISTRICT CLASSIFICATION FROM
AGRICULTURAL - TWENTYACRES (A-20a)AND OPEN (0) TO
SINGLE FAMILY RESIDENTIAL - TEN THOUSAND SQUARE FEET (RS-10)AND
FAMILY AGRICULTURAL- ONE ACRE (FA-1 a)
AT PU'U'EO, SOUTH HILO, HAWAII
MAP PREPARED BY:
TM K:(3)2-6-008:026 and COUNTY OF HAWAI'I, PLANNING DEPARTMENT
2-6-008:027 DATE:September 22,2017
EXHIBIT "A" Olson
Mao: 1395