COM 0981.002 2006-2008 - Laserfiche WebLink

Home

02/05;2008 10:91 8088854114 WEEPATENT Post-ir 5aX Note 7671 Date .~O a~.s^~T io FromZ. EC: co.mePe M126 -C M co ~Phone M/ e6Y , p C[ FE.p%(7^e r}GarteC g~~y7ry1 ~~Q~t~~1~ { U~,.w~,,~,'P• FPhGw# l & FaxN 2008 On 51 -Qg ~LJ~.J 1!_~4 p y bb, C~O~~(~UP, r'L.E~ r'O ~Itan for g ingiirie the opportunity to comment on the subject resolution. Resolution 517-08 gives Parker Ranch Land Trust credit against its fair share obligations for an casement to be used for Waimea Trails & Grcenways. I understand that the easement documents have been signed by all parties atnd I look forward to being able to use the trail along Waikoloa Stream in Waimea. The County's consultant has been working on the design documents for the trail for nine years now and we are all ready for its construction to start this year. My comments have solely to do with a question of timing: When should Parker Ranch Land Trust be given credit against its fair share obligation? In my opinion, this resolution is prornad ue (in that regard only) for the following reasons; 1. According to Judge Ibarra (relevant portion of Ids decision is attached), Hawaii County's Fein share system is illegal. At any time, the County could be required to pay back fair Share contributions if ordered by a court. it would make sense to first pass a development impact fey ordinance that complies with State law and then give credit for legally owed impact fees. I understand that Pete HotTamann's office is finalizing the draft impact ree ordinance auttiorea t~ the County's impact fee consultant, so this should not cause undue delay. 2. 1 note that Condition' "O" of the Parker Ranch zoning ordinwice requires that "the applicant shall provide 30 + acres of land...: ' It does not say that the applicant shall provide "an easement" or "use of applicant's land." It is very clear that a fee simple transfer of the tale to laud was envisioned. In contrast, Condition "M(1 xa)(h)" which describes the requirement fo, open space or park purposes in the commercial areas of the Wei mea Town Center clearly talk_< about "open space/park easement or other legal encumbrance." There is a big difference to tht people of Waimea. , Condition "0" states that "furthermore, said [park] site(s) shalt be dedicated to the County upo r its request. The value of dedicated land and any improvements provided on the said site(s) shill be credited against the applicants fair share contribution ofthe parks and recreation assessmen'. required in Condition H herein." Although the word "dedicated" is not defined in the ordinanc 2; the County Park Dedication Code (8-2) makes it clear that there is a difference between "a perpetual and everlasting easement" and "dedication in fee simple title or ownership." Condition "H" allows Parker Ranch credit only for "the fair market value of land contributed or the cost of any improvements required." It does not allow credit for easements conleifttd. So, it does not appear that Parker Land Trust should gut credit against fair share requirements for the 8.5 acres of land until it dedicates the land in fee simple title to the County. The:refo:re, this resolution is premature. 1 Gomm. No. • 2 Ref. To: Presented C Ref. Dote FEB 0 5 2008