REP PC 096 07/06/2006 2004-2006 - Laserfiche WebLink

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Communication 933 Bill 297 Page 3 of 4 • The request is not expected to have a significant adverse impact to traditional, customary Hawaiian rights or resources nor is it adjacent to the shoreline. The subject property is located approximately one mile away from the shoreline. 8. Requisite of the Planning Director's favorable recommendation for the Change of Zone request aze seventeen conditions contained in Bill No. 297 that outline specific requirements for the proposed project. Condition "G" requires restrictive covenants in the deeds of the two new lots to prohibit the construction of a second dwelling and condominium property regimes on each lot. Condition "L" requires the applicant to comply with Chapter 11, Article 1, of the Hawaii County Code relating to the County's Affordable Housing Policy. Condition "M" requires the applicants to pay fair share contributions to mitigate potential regional unpacts of the development. At the July 6, 2006 Committee on Planning meeting, testimony in support of Bi11297 was given by Mr. Paul Tallet at the Hilo Council Romm. Applicant's consultant, Sidney Fuke, provided a brief background regarding the change of zone application and information regarding affordable housing and impact fee credits. Council Member Dr. Holschuh introduced two amendments. The first amendment related to Condition E that requires a private landowner to do a major intersection change. Dr. Holschuh's amendment provides that intersection improvements be made within the existing road Right-of--Way of Wainaku Road and Kulana Kea Road. Additionally, Dr. Holschuh changes reference in Condition E that states "as required by the Planning Duector" to "as required by the Department of Public Works". Mr. Fuke stated that from the applicant's standpoint, he would be agreeable to the amendment proposed by Dr. Holschuh because initially the Planning Commission wanted improvements to go outside of the Right-of- Way. Mr. Fuke also noted that applicant is willing to cut down the embankment Dr. Holschuh referred to. The Committee voted unanimously in favor of Dr. Holschuh's amendment to Condition E. The second amendment proposed by Dr. Holschuh was to Condition M. The amendment is to minimize discretion and make cleaz that any additional lots that aze created will be subject to impact fees and that the cost of making the intersection improvements would be credited towazds impact fees. The Committee also voted unanimously in favor of Dr. Holschuh's amendment to Condition M. Your committee concurs with the Planning Commission and the Planning Director's favorable recommendation for approval of the Change of Zone request. PC REPORT NO. 96