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Home My WebLink AboutCOM 1191.000 2006-2008 tr os M Harry Kim ' Dixie Kaetsu Managing Director Mayor Barbara Kossow r~ p~•N~,M Deputy Managing Director County of Hawaii 25 Aupuni Street, Room 215 • Hilo, Hawaii 96720-4252 • (808) 9615211 Fax (808) 961-6553 KONA: 75-5706 Kuakini Highway, Suite 103 • Kailua-Kona, Hawaii 96740 (808) 3293226 Fax (808) 326-5663 rv ca 0 m April 21, 2008 Or c 2 G? _ Honorable Pete Hoffmann, Chairman 3 and Members of the County Council rv County of Hawaii r 333 Kilauea Avenue - Hilo, HI 96720 Dear Chairman Hoffmann and Members: VIKhange of Zone (REZ 738) Applicant: Hilo Hillside Corporation Request: Amendment to Change of Zone Ordinance No. 93-36 Tax Map Key: 2-4-8:portions 14 & 26 Change of Zone (REZ 06-000053) Applicant: Clark Realty Corporation Request: Delete Condition G (County Sewerline Hookup) of Ord. 07-40 Tax Map Key' 2-2-3547 As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. incerely, ( Harry Kim r Mayor Enclosures cc: Planning Department Comm. No, Ila Ref. To> G sqa, Ref. Date -APR 2 4 2MB +fY Oi M'•V 4~ L~ V (J h O• M• County of Hawaii PLANNING COMMISSION Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 Phone (806) 961-8288 • Fax (808) 961-8742 April 21, 2008 Pete Hoffmann, Chairman and Members of the County Council County of Hawaii 333 Kilauea Avenue, 2"d Floor Hilo, HI 96720 Dear Chairman Hoffmann and Council Members: Change of Zone (REZ 738) Applicant: Hilo Hillside Corporation Request: Amendment to Change of Zone Ordinance No. 93-36 Tax Map Key' 2-4-8•portions 14 & 26 The Planning Commission, after a duly held public hearing on April 4, 2008, voted to recommend for your approval the proposed legislative bill for an amendment to Condition C (time to secure Final Subdivision Approval) of Change of Zone Ordinance No. 93-36, which rezoned 153.479 acres of land from Agricultural 20-acre (A-20a), Agricultural 10-acre (A-10a) and Agricultural 3 acre (A-3a) to a Residential and Agricultural 1 acre (RA-1a) district. The property is located mauka (southwest) of the Sunrise Estates Subdivision, Increment I, Kukuau Is`, South Hilo, Hawaii. The Commission concurs with the following Planning Director's reasons for recommending favorable consideration of the change of zone: The applicant requests a five-year extension of time to comply with Condition C (final subdivision approval) of Ordinance No. 93 36. Condition C currently reads: "Subdivision plans for the proposed development shall be submitted to the Planning Department within one year from the effective date of the change of zone. Final Subdivision Approval shall be secured within two years from the date of receipt of Tentative Subdivision Approval." Ordinance No. 93 36 rezoned approximately 171.84 acres from an Agricultural (A) to the Residential and Agricultural (RA) district to allow the development of a 140 Hawaii County is an Equal Opportunity Provider and Employer Pete Hoffmann, Chairman and Members of the County Council Page 2 one-acre lot subdivision. The applicant has yet to comply with Condition C of the ordinance, which required that Final Subdivision Approval be secured within two years from the receipt of Tentative Subdivision Approval. The applicant requests the additional time for compliance due to the County's realignment, acquisition and construction of the Puainako Street Extension through the property, which required the revision of the final plat map to conform to the new road right-of-way. In 2004, meetings between the applicant, State and County officials were held to discuss the condemnation of approximately three acres of the property fronting the drainage easement portion along the new Puainako Street Extension. The applicant agreed to the condemnation, and the Planning Director granted a two-year extension until February 16, 2006 to comply with Condition C. Meetings with County officials took place on a number of occasions, and "the subdivision map has been revised three times in an attempt to resolve the condemnation, but the condemnation was never resolved." In a memo dated February 28, 2008, the Department of Public Works had no comments. 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 are not the result of their fault or negligence. The construction of the Puainako Street Extension and related drainage easement improvements through the project site required numerous revisions of the final plat map. The County has already completed the construction of Mohouli Street to Ainako Street, and the applicant has worked with the County towards satisfying conditions within the ordinance. Affordable housing issues are being discussed with the Office of Housing and Community Development. The applicant has made a good faith effort in complying with conditions of Ordinance No. 93 36; however, a second set of construction drawings to accommodate the future extensions of Kupulau Road and Kawailani Street as required by Condition D of the ordinance (grading of the roadways) is pending. According to the Department of Water Supply, a water commitment deposit is still pending, and the applicant will be required to pay installation and facilities charges including payment of the entire pro-rata share for the off-site improvements. The Department of Public Works has stated that payments of $175,000 for the design and installation of traffic signals at the Kukuau Street and Komohana Street intersection, as well as $60,000 for the portion of the Mohouli Street extension, are still pending. The applicant will be required to comply with all of the stated conditions of approval. Pete Hoffmann, Chairman and Members of the County Council Page 3 Granting of the time extension would not be contrary to the General Plan or Zoning Code. The area was rezoned from an Agricultural (A-20a, A-10a, and A-3a) to the Residential and Agricultural (RA-1a) district to allow the development of a 140 one- acre lot subdivision. The 2005 General Plan designates the area as Rural, reflecting the approved zoning. Therefore, the request would not be contrary to the General Plan. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. The original reasons for the approval of the change of zone are still applicable and the request is not contrary to these reasons. The project area is not classified under the Agricultural Lands of Importance in the State of Hawaii (ALISH) designation, and the Land Study Bureau's Productivity Rating for soils in the area are "D" or "Poor" and "E", or "Very Poor." For your favorable consideration, an amendment to Ordinance No. 93-36 is transmitted. We are enclosing copies of the staff Background and Planning Director's Recommendation, and transcript of the hearing for your information. Sincerely, Rodney Watanabe, Chairman Planning Commission Lhilohillsiderez738PC2 Enclosures cc: Mr. James Lee Department of Public Works Department of Water Supply Department of Land & Natural Resources-HPD DOT-Highways, Honolulu Lincoln Ashida, Esq., Corporation Counsel {Y 4i NI ROBIN J. YAHIKU s ° CONSTANCE R. KI RI J CauaPy Ckrk DTuN Caenly Ckrk ~t or F; HARRY A. TAKAHASM [tgis7ah2r Aydiro, COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Auyuni Street Hilo, Hawaii 96720 NOTE On Bill No. 3 (Draft 3) , ordinance No. 93-36 , reference is made to a map attached hereto, marked Exhibit " A Said Exhibit is not part of the duplicate copies of this ordinance, due to its size, but is available for viewing in the Office of the County Clerk. If further information is needed, call 961-8255. Robin J. Yahiku COUNTY CLERIC FOR REFERENCE ONLY B11Hi~IsidaAmendWiZ.dcro3/241W COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT HILO HILLSIDE, LLC AMENDMENT TO CONDITION C CHANGE OF ZONE ORDINANCE NO.93 91,36 (REZ 738) HILO HILLSIDE, LLC requests an amendment to Conditions C (Final Subdivision Approval) of Change of Zone Ordinance No. 93 36. The property is located along the south side of the Puainako Street Extension, southwest of the Sunrise Estates Subdivision, Increment I, Kukuau I", South Hilo, Hawaii, TMK: 2-4-8:14. PROPOSED ACTION 1. Request: Amendment to Condition C (final subdivision approval) of Ordinance No. 93 36. The applicant requests a five-year extension of time to comply with Condition C to secure final subdivision approval. Condition C currently reads: "Subdivision plans for the proposed development shall be submitted to the Planning Department within one year from the effective date of the change of zone. Final Subdivision Approval shall be secured within two years from the date of receipt of Tentative Subdivision Approval." (Exhibit 1 - January 23, 2008 letter) 2. Background: Ordinance No. 93 36 rezoned approximately 171.84 acres from an Agricultural (A-20a, A-10a, and A-3a) to the Residential and Agricultural (RA-la) district to allow the development of a 140 one-acre lot subdivision. The applicant has yet to comply with Condition C of the ordinance, which required that Final Subdivision Approval be secured within two years from the receipt of Tentative Subdivision Approval. (Exhibit 2 - Ordinance No. 93 36) 3. Reasons for the Request: The applicant requests the additional time for compliance due to the County's realignment, acquisition and construction of the Puainako Street Extension through the property, which required the revision of the final plat map to conform to the new road right-of-way. In 2004, meetings between the applicant, State and County officials were held to discuss the condemnation of approximately three acres -1- ATTACH: COM. 1191 Bill 292 of the property fronting the drainage easement portion along the new Puainako Street Extension. 'The applicant agreed to the condemnation, and the Planning Director granted a two-year extension until February 16, 2006 to comply with Condition C. Meetings with County officials took place on a number of occasions, and "the subdivision map has been revised three times in an attempt to resolve the condemnation, but the condemnation was never resolved." ADDITIONAL INFORMATION 4. April 23, 1993: Effective date of Ordinance No. 93 36, which amended the district classification of approximately 171.84 acres from Agricultural (A-20a, A-10a and A-3a to Residential and Agricultural (RA-1a) 5. March 23,1995: Effective date of revised Tentative Subdivision Approval. 6. February 18, 2004: Two-year administrative time extension until February 18, 2006 to comply with Condition C approved by the Planning Director. T January 23, 2008: Current request for a 5-year extension of time to comply with Condition C. AGENCIES' COMMENTS 8. Department of Public Works: Exhibit 3 - February 28, 2008 memo 9. Police Department: Exhibit 4 - February 1, 2008 memo 10. Fire Department: Exhibit 5 - February 6, 2008 memo 11. Department of Water Supply: Exhibit 6 - February 26, 2008 memo 12. Department of Environmental Management: Exhibit 7 - January 31, 2008 memo 13. Office of Housing and Community Development: Exhibit 8 - February 11, 2008 memo 14. DLNR Land Division: Exhibit 9 - February 1, 2008 letter 15. Department of Health: Exhibit 10 - February 5, 2008 memo 16. DLNR Historic Preservation Division: Exhibit 11 - February 20, 2008 letter AGENCIES AND ORGANIZATIONS - NO RESPONSE IT Department of Parks and Recreation APPLICANT'S RESPONSE TO AGENCIES' COMMENTS 18. Exhibit 12 - February 21, 2008 letter -2- PUBLIC COMMENTS 14. None as of this writing. -3- Hilo Isillside Corporation Pions er Plaza - Suite 955 900 Pont Stcee, N jail - Honolulu, I4196813 5 Ielepllone: (8C8) 5244065 PAX (808) 524 7424 January 23, 2008 Mr. Christopher J. Yuen, Director Department of Planning County of Hawaii 101 Pauahi St. Suite 3 Hilo, HI 96720-3043 Charge of Zone O dinan~ # 04 '6 ( E.1 738) Subdivision a>:te•i.sion :request Aloha kaua Mr. Yuen, On February 18, 2004, Hawaii County issued an extension to Hilo Hillside's Change of Zone Ordinance (a copy of your letter dated February 18, 2004, attached hereto). In December, 2004, we were asked to attend a meeting with the State and Hawaii County to discuss their intent to condemn the front 3 acres of the subdivision. We agreed to work with uii parties providing we are allowed a two year extension. On December 21, 2004, Mr. Gerald Takase; Assista71t Corporation Counsel, sent a letter co County Planning asking to extend the Change of Zone Ordinance because of Hawaii County's desire to purchase a drainage easement at the entry of the above subdivision (copy of Mr. Takase's letter is also attached). We met with the County on many occasions and changed the subdivision map 3 times in an attempt to resolve the condemnation but the condemnation was never resolved. All engineering and construction plans have been approved by Planning. Affordable housing requirements have been met. Everything that the County has requested has been completed. A A. d hereto is Mi, chpcL #116*3 Fgec . -ary 23, 210.4R in the amo ^t of S250.00 representing the filing fee. We respectfully request a 5 year extension to again seek final subdivision approval. Me ka pono, J es G. Lee rest:lent Enclosures EXHIBIT ---f 037529 r i CJtrictopl,~,rl. Yua-n Harry Kim Mmm .veum Rm R. TakenhOto re);,,., ~IIIx2T~~ II~ tCiFTttTI PLANNING DEPARTMENT 101 Pauahi Street, Suite 3 - Hilo, Hawaii 96720-3043 (808) 961-8288 • Fax (8081961-9742 February 18, 2004 Mr. James G. Lee Hilo Hillside, LLC Pioneer Plaza, Suite 50 900 Fort Street Mall Honolulu HI 96813 Dear Mr. Lee: Change of Zone Ordinance No. 93 36 (REZ 738 Applicant: Hilo Hillside, LLC (Formerly HSC, Inc) Request: Time Extension To Comply With Condition C Tax Map Key: 2-4-008.014 Thank you for your letter dated January 26, 2004 requesting a 2-year time extension to comply with Condition C of Ordinance No. 93 36 (REZ 738). Condition C states that "subdivision plans for the proposed development shall be submitted to the Planning Department within one year from the effective date of the change of zone. Final Subdivision Approval shall be secured within two years from the date of receipt of Tentative Subdivision Approval." Revised Tentative Approval was granted on March 23, 1995. Final Plat Maps were received and acknowledged on March 21, 1997. "o,:r letter states that due to the County's rc-alignment, acquisition and ongoing construction of the Puainako Street Extension through the property, you will need a time extension to comply with Condition No. 2 of Ordinance No. 93 36 (REZ 738) because the final plat map must be revised to conform to the new road right-of-way. Based on Condition O(1), the non-performance was the result of conditions that could not have been foreseen and therefore the Planning Department will approve a 2-year time extension until February 18, 2006. If you have any questions, please feel free to contact Jeff Darrow at 961-8288. Sincerely, CHRISTOPHER J. YUEN Planning Director JVJD: smn 11:1vdYVVIN60''vJF17F\LetersTimtLxfvLiee-TLR-P-F 8-doc • ~V OH~ Harry Kim Lincoln S.T. Ashlda Moyer Cniporarwn Ginn ref : Gerald Takase A,rrirront Corpurnrinn Cnunre( ltnulffv nrf (ufunii OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Sa=o Suite 325 • Hilo, Hawaii 96720-4262 • (808) 961-8251 • FAX (808) 961-8622 December 21, 2004 Chris Yuen, Planning Director County of Hawai'i 101 Pauahi Street, Suite 3 Hilo, Hawai'i 96720 Dear Chris: Re: Hilo Hillside Subdivision TMK: (3)2-4-008-014 Please be advised that this office and the Department of Public Works are currently negotiating with the above developer to acquire additional property fronting the current drainage easement portion along the new Puainako Street Extension. It may necessitate the developer reconfiguring portions of his subdivision in order to meet the County's request. Would it be possible to extend his extension of time or toll the two-year period so that this period of negotiation does not adversely affect this two-year time extension? Thank you for your cooperation. Sincerely, 1=V GERALD TAKASE Assistant Corporation Counsel GT:de s-\condemn\puainako st ext\hilo hillside\ltr yuen time extension\12-04\Gtde.doc ~cc: Hilo Hillside, LLC Hawaii County is an Equal Opportunity Provider and Employer ; L'N° ' €1 F HAR'A , ~$TA` E OF HAWAII BILL NO. 3 (Draft 3) ORDINANCE NO. 93 36 AN ORDINANCE AMENDING SECTION 25-114 (CITY OF HILO ZONE MAP) ARTICLE 3, CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL (A-20a), (A-10a) and (A-3a) TO RESIDENTIAL AND AGRICULTURAL (RA-la) AT KUKUAU 1ST, SOUTH HILO, HAWAII, COVERED BY TAX MAP KEY 2-4-08:PORTIONS OF 14 AND 26. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Section 25-114, Article 3, Chapter 25 (Zoning Code) of the Hawaii County Code, is amended to change the district classification of properties described hereinafter as follows: The district classification of the following area situated at Kukuau lst, South Hilo, Hawaii, shall be Residential and Agricultural (RA-la): PARCEL 1: Beginning at the north corner of this parcel of land and on the east boundary of Lot 10-F, Land Court Application 1205, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 12,597.15 feet South and 6,231.73 feet West, and thence running by azimuths measured clockwise from True South: 1. Following along the remainder of Lot 135, along a curve to the left with a radius of 1,870.00 feet, the chord azimuth and distance being: 2820 22' 17.5" 707.76 feet; 2. 320 49' 26" 184.21 feet along Government Land of waiakea; EXHIBIT 3. 37^ 21.' 16" 1,194.70 feet along Government Land 'of Waiakea; 4. 186° 03' 45" 1,263.17 feet along Lot 10-E and Lot 10-F, Land Court Application 1205, to the point of beginning and containing an area of 10.033 Acres. (Refer to Parcel 1 as shown on Exhibit "A".) The district classification of the following area situated at Kukuau 1st, South Hilo, Hawaii, shall be Residential and Agricultural (RA-la): PARCEL 2: Beginning at the west corner of this parcel of land and being the north corner of Lot 10-F, Land Court Application 1205 (Map 7), the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 9,962.56 feet South and 6,330.23 feet West, and thence running by azimuths measured clockwise from True South: 1. 2160 18' 56" 307.28 feet along Portion of Royal Patent 5706, Land Commission Award 8521-B, Part 2 to G. D. Hueu; 2. 2070 13' 41" 909.21 feet along Portion of Royal Patent 5706, Land Commission Award 8521-B, Part 2 to G. D. Hueu; 3. 2320 32' 43" 112.82 feet along Portion of Royal Patent 5706, Land Commission Award 8521-B, Part 2 to G. D. Hueu; 4. 2650 40' 1,906.98 feet along the remainder of Lot 135 and remainder of Lot 136; 5. 3550 40' 983.19 feet along the remainder of Lot 136 and remainder of Lot 135; -2- 6. 330 07' 40" 45.04 feet along Government Land .of Waiakea; 7. 50" 30' 58" 834.00 feet along Government Land of Waiakea; 8. 9" 06' 41" 1,020.86 feet along Government Land of Waiakea; 9. 20" 46' 39" 193.01 feet along Government Land of Waiakea; 10. 38" 26' 41" 1,071.07 feet along Government Land of Waiakea; 11. 32" 49' 26" 570.33 feet along Government Land of Waiakea; 12. Thence along the remainder of Lot 135, along a curve to the right with a radius of 1,870.00 feet, the chord azimuth and distance being: 1020 22' 17.5" 707.76 feet; 13. 1860 03' 45" 1,736.97 feet along Lot 10-F, Land Court Application 1205; 14. 162" 44' 15" 950.13 feet along Lot 10-F, Land Court Application 1205 to the point of beginning and containing and area of 153.479 Acres. (Refer to Parcel 2 as shown on Exhibit "A".) The district classification of the following area situated at Kukuau 1st, South Hilo, Hawaii, shall be Residential and Agricultural (RA-la): PARCEL 3: Beginning at the south corner of this parcel of land and on the westerly boundary of Government Land of Waiakea, the coordinates of said point of beginning referred to Government Survey Triangulation Station "HALAI" being 9,674.18 feet South and 3,666.88 feet West, and thence running by azimuths measured clockwise from True South: -3- 1. 175" 40' 983.19 feet along the remainder of Lot 135 and remainder of Lot 136; 2. 2650 40' 717.35 feet along the remainder of Lot 136; 3. 290 54' 40" 509.46 feet along Government Land of Waiakea; 4. 330 07' 40" 708.07 feet along Government Land of Waiakea to the point of beginning and containing an area of 8.326 Acres. (Refer to Parcel 3 as shown on Exhibit "A".) All as shown on the map attached hereto, marked Exhibit "A" and by reference made a part hereof. SECTION 2. These changes in district classification are conditioned upon the following: (A) the applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval; (B) the required water commitment payment for the development shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within ninety days from the date of approval of the change of zone; (C) subdivision plans for the proposed development shall be submitted to the Planning Department within one year from the effective date of the change of zone. Final Subdivision Approval shall be secured within two years from the date of receipt of Tentative Subdivision Approval; (D) the Saddle Road (Puainako Street), Kupulau Street and Kawailani Street extensions affecting the subject property shall be delineated on preliminary and final -4- subdivision plans to allow for a right-o£-way. These street extensions shall be fully graded at a vertical- alignment meeting with the approval of the Department of Public Works in conjunction with Final Subdivision Approval. The Mohouli Street/Ainako Avenue roadway segment which affects the subject property shall be constructed to county-dedicable standards in a manner meeting with the approval of the Department of Public Works prior to the issuance of Final Subdivision Approval for the proposed development. The cost of the roadway extension improvements shall be borne by the applicant and shall be credited and limited to the amount of the applicant's fair share contribution for road and traffic improvements. In lieu of the actual construction of the roadway extension improvements the applicant may elect to enter into an agreement with the County, together with the appropriate bond, surety bond or other security deemed acceptable by the Planning Director for the construction of the said roadway extension improvements; (E) intersection improvements, including the design and construction of traffic signals and related improvements other than channelization, shall be installed at the Kukuau-Komohana Street intersection meeting with the approval of the Department of Public Works by July 1994; and intersection improvements, including the design and construction of traffic signals and related improvements -5- shall be installed at the Mohouli-Komohana Street intersection meeting with the approval of the Department of.Public works in conjunction with the construction of the Mohouli/Ainako roadway extension; (F) as represented by the applicant, restrictive covenants in the deeds of all the proposed lots shall prohibit the construction of a second dwelling unit on each lot. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Department for review and approval prior to final subdivision approval. A copy of the approved covenant shall be recited in an instrument executed by the applicant and the county and recorded with the Bureau of Conveyances likewise prior to final subdivision approval; (G) to ensure that the goals and policies of the Housing Element of the General Plan are implemented, the applicant shall secure the concurrence of the County Housing Agency, upon the recommendation of the Office of Housing and Community Development, that the applicant's affordable housing requirements, if any, have been fulfilled prior to the issuance of final subdivision approval; (H) access to the development shall meet with the approval of the Department of Public Works. Access to the proposed lots shall be via the existing Kukuau-Komohana intersection and via the proposed Mohouli Street to Ainako Avenue in which the roadway segment between Kukuau Street and the Ponahawai golf course's southerly -6- boundary shall be constructed by the,applicant to county dedicable standards up to the length adjoining the Ponahawai golf course's southerly boundary, provided that the road improvements of the proposed Ponahawai golf course have received final approval and the road improvements have been bonded. In the event that the proposed Ponahawai golf course development does not come to fruition, the applicant shall provide, in lieu of constructing the county dedicable roadway segment adjoining the golf course's southerly boundary, a contribution of three hundred thousand dollars ($300,000); (I) drainage improvements shall meet with the approval of the Department of Public Works; (J) the method of sewage disposal shall meet with the approval of the Department of Health; (K) should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walks be encountered, work in the immediate area shall cease and the Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; (L) all other applicable laws, rules, regulations and requirements shall be complied with; (M) should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of -7- the Unified Impact Fees Ordinance; (N) an annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the change of zone. The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied and the Planning Director acknowledges that further reports are not required; and, (O) an 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 the Zoning Code; 3) granting of the time extension would not be contrary to the original reasons for the granting of the change of zone; 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 addition year); and 5) if the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a -8- timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. SECTION 4. This ordinance shall take effect upon its approval. INTRODUCED Y. CO CIL MEMBE COUNT OF HAWAII Hilo, Hawaii Date of Introduction: February 24, 1993 Date of 1st Reading: February 24, 1993 Date of 2nd Reading: April 7, 1993 Effective Date: APR 2 3 1993 APPROVED AS TO FORM AND LEGALITY: QTY CORPO ION COUNSEL APR 2 1 1943. DATE: -9- QTY O ROBiht J. YAHIKU CONSTANCE R. KIRIU Cuunly Cterk Ve"ly County Ctrl: u: C HARRY A. TAKAHASHI Iegietnaae Auditor COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Auyuni Street Hilo, Hawaii 96720 NOTE On Bill No. 3 (Draft 3) , Ordinance No. 93-36 , reference is made to a map attached hereto, marked Exhibit " A Said Exhibit is not part of the duplicate copies of this ordinance, due to its size, but is available for viewing in the Office of the County Clerk. If further information is needed, call 961-8255. Robin J. Yahiku COUNTY CLERK F+~y r ~ Doh ` U HAWAQG HILO, HAWAlt r ,J: i-l-tUl ht! DATE: February 28, 2008 TO: Christopher J. Yuen, Planning Director FROM: Department of Public Works SUBJECT: CHANGE OF ZONE (REZ 738) Applicant: Hilo Hillside Corporation Request: Amendment to Change of Zone Ordinance No. 93-36 Tax Map Key: 2-4-00: por. of 014 & 026 We have reviewed the subject request forwarded by your memo dated January 30, 2008 and have no comments or objections to the request. Questions may be referred to Kelly Gomes of our Engineering Division at ext. 8327. EXHIBIT 3 038743 4a,NTY-OF y Harry Kim ),awreKlee K. F.Va61p~w Alayor - - } k Police Chiei QjM( ' 2008 EB S ply 1 54 * p .0>••1; ,o+..po• Harry S. Kubojiri PLMq iii\{{ l(;! DE- j-~RTMENr I OFF OF xP'~ Deputy Police Chief COUNTY OF HAWAII County of Hawaii POLICE DEPARTMENT 349 Kapiolani Sheet Hilo, Hawaii 96720-3998 (808) 935-3311 Fax(808)961-8869 February 1, 2008 TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM SAMU 1I OMAS, MAJOR, AREA I OPERATIONS SUBJECT: CHANGE OF ZONE (REZ 738) APPLICANT: HILO HILLSIDE CORPORATION REQUEST: AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 93-36; TAX MAP KEY: 2-4-8:PORTIONS 14 & 26 Staff, upon reviewing the provided documents, does not anticipate any significant impact to traffic and/or public safety concerns. Thank you for allowing us the opportunity to comment. ST:IIi EXHIBIT 03"7839 "Hawai'i County is an Equal Opportunity Provider and Employer" J,.(V N qqw Harry Kim 2008 FEB 1- 2 PM ( Darrel J. Oliveira Fire (4icf Mayor _ i'LHNivil i:, : %^R iP1> OJT 'r;. • . Glen P.Y. Honda e o• De ut Fire Chief P Y COIA I Y OF HAWAII Countp of'Wawai`f HAWAII FIRE DEPARTMENT 25 Aupuni Street • Suite 103 • Hilo, Hawaii 96720 (808) 981-8394 . Fax(808)981-2037 February 6, 2008 TO CHRISTOPHER J. YUEN, PLANNING DIRECTOR FROM DARRYL OLIVEIRA, FIRE CHIEF SUBJECT: CHANGE OF ZONE APPLICATION (REZ 738) APPLICANTS: HILO HILLSIDE CORPORATION REQUEST: AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 93-36 TAX MAP KEY: 2-4-8:PORTIONS 14 & 26 We have no comments to offer at this time in reference to the above-mentioned Change of Zone application request. kARR OLIVEIRA Fire Chief PBE:lpc EXHIBIT ' ~ 038158 ' 4 F Hmuai'i (bunco ie an Faual Onvortunnit Prooider and Enzalave). of WATER QS SGAA FFB ?9 rin 1r; Sti 19 a9 DEPARF;B~A,E14tt~i~WP OP 1N~1;r1~lRLJPUPPLY • COUNTY OF HAWAI'l F m'HAWPy~a .Irv~c ea.IC/CXN(9>taT`Mt'~A It T, SUITE 20 • HILO, HAWAII 96720 TyO TELEPHONE (808) 961-8050 • FAX (8081961-81357 February 26, 2008 TO: Mr. Christopher J. Yuen, Planning Director Planning Department FROM: Milton D. Pavao, Manager SUBJECT: CHANGE OF ZONE (REZ 738) REQUEST - TIME EXTENSION TO CONDITION C OF ORDINANCE NO. 93-36 APPLICANT - HILO HILLSIDE CORPORATION TAX MAP KEY 24-008:PORTIONS 014 AND 026 We have reviewed the subject request for a time extension of five years and we have no objection. With reference to our memorandum to you of December 6, 2006, we reiterate that water for the proposed subdivision will not be available until the construction of the offsite improvements are completed and accepted by the Department of Water Supply. Also, review and approval for bonding of the water system facility for the proposed subdivision is subject to the execution of the contract for the offsite improvements and determination of the contract completion date. Should there be any questions, please contact Mr. Ryan Quitoriano of our Water Resources and Planning Branch at 961-8070, extension 256. Sine ely ours, Mi o . Pavao, P.E. ( Man g RQ:dfg copy - Hilo Hillside Corporation 0 3 8 f) 8 8 EXHIBIT Waler lrinq-4 I-9rogr(9Js... ` The Department of Water Supply is an Equal Opportunity provider and employer. To F.le a complaint of discrimination, write: USDA, Director, Office of Civil t Rights. Room 326-W, Whitten Building, 14th and Independence Avenue, SW. Washington DC 20250.9410 . Or call (202) 720-5934 (voice and TDD) [-i Bobby 3eau t.eithead-Todd Director Harry lial Cq 'I Nelson Ho 1 x (fit-_r(1n E OF M Deputy Director c;o UNT`( ~F l DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street Kilo, Hawai i 96720 (808) 961-8083 Fax (808) 961-8086 http://co.hawaii.hi.us/directorv/dir envmng hum MEMORANDUM Date : January 31, 2008 To . CHRISTOPHER YUEN, Planning Director From: BOBBY JEAN LEITHEAD TODD, Director 47 Subject: Change of Zone (REZ 738) Applicant: Hilo Hillside Corporation Request: Amendment to Change of Zone Ordinance No. 93-36 TMK: 24-8:portions 14 & 26 We have reviewed the subject application and offer the following recommendations: DEPARTMENT COMMENTS: t}"" WASTEWATER COMMENTS: (X) No comments ( ) Require connection of existing and/or proposed structures to the public sewer in accordance with Section 21-5 of the Hawaii County Code. ( ) Require Council Resolution to approve sewer extension in accordance with Section 21-26.1 of the Hawaii County Code. Complete D.E.M. Sewer Extension Application. ( ) Require extension of the sewer system to service the proposed subdivision in accordance with Section 23-85 of the Hawaii County Code. ( Other: TECHNICAL SERVICES COMMENTS: rip C-Ip SLsurt~{J a.o~.sh SOLID WASTE COMMENTS: ( ) No comments (A-e) Commercial operations, State and Federal agencies, religious entities and non-profit organizations may not use transfer stations for disposal. Aggregates and any other construction/demolition waste should be responsibly reused to its fullest extent. (,tp) Ample and equal room should be provided for rubbish and recycling. Qd) Greenwaste may be transported to the green waste sites located at the Kailua and Hilo transfer stations, or other suitable diversion programs. ( ~d) Construction and demolition waste is prohibited at all County Transfer Stations. ( h1) Submit Solid Waste Management Plan in accordance with attached guidelines. ( ) Existing Solid Waste Management Plan is to be followed. Provide update to the department on current status. ( ) Other: cc: SWD, US; WVVb EkH EL IT 10426 038082 l County ot'Hawai'i is an Eq~•~pei m y mvidei and Ewployer. ,+Sd or k~.. Bobby Aar Lei!head-Todd 1•lu; Director Harry Kim Mryor Nelson Ho •~i':• Deputy Director Gaunt of clinfuni'l DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 25 Aupuni Street • Hilo, Hawari 96720-4252 (808) 961.8083 • Fax (808) 961-8086 September 14, 2007 SOLID WASTE MANAGEMENT PLAN Guidelines INTENT AND PURPOSE This is to establish guidelines for reviewing solid waste management plans, for which special conditions are placed on developments. The solid waste management plan will be used to: (1) encourage recycling and recycling programs, (2) predict the waste generated by the proposed development to anticipate the loading on County transfer stations, landfills and recycling facilities, and (3) predict the additional traffic being generated because of waste and recycling transfers. REPORT The consultant's report will contain the following: 1. Description of the project and the potential waste it may be generating: i.e. analysis of anticipated waste volume and composition. This includes waste generated during the construction and operational phases. Greenwastes will be included in this report for both construction grubbing and future operational landscape maintenance. 2. Description and location of the possible sites for waste disposal or recycling. We will not allow the use of the County transfer stations for any commercial development; commercial development as defined under the policies of the Department of Environmental Management Solid Waste Division. 3. Since the Department of Environmental Management promotes recycling, indicate onsite source separation facilities by waste stream; i.e. source separation bins of glass, metal, plastic, cardboard, aluminum, etc. Provide ample and equal space for rubbish and recycling. 4. Identification of the proposed disposal site and transportation methods for the various components of the waste disposal and recycling system, including the number of truck traffic and the route that truck will be using to transport the waste and recycled materials. Solid Waste Management Plan Guidelines Page 2of2 5. The report will include any impacts to County waste and recycling facilities, and the appropriate mitigation measures. All recommendations and mitigation measures will be addressed. 6. Description of the waste reduction component that analyzes techniques to be employed to achieve a reduction goal. 7. Analysis will be based on the highest potential use or zoning of the development. REQUIREMENTS AND CONDITIONS 1. A solid waste management plan will be done for all commercial developments, as defined under the policies of the Department of Environmental Management, Solid Waste Division. 2. We will require the developer to provide or resolve all recommendations and mitigation measures as outlined in the report; besides any conditions placed on the applicant by the Department of Environmental Management. 3. A licensed environmental or civil engineer will draft and certify the solid waste management plan. If you have need additional information, please contact Michael Dworsky, P.E., Solid Waste Division Chief at 808-961-8515. CONCUUR:4pp 1 Bobby Jean Leithead-Todd DIRECTOR 10/13/03 Revised 09/14/07 Hawaii County is an Equal Opportunity Provider and Employer. ~`M«<tl nr ry~~ PM, ((p~ ~ Edwin S. 'raira (Il fa ~ 1 G 1',) 18 Housing Adniiniwraioi PLANNING D'r-PARTMENT COUNTY OF HAWAII cowdp of f atuatt OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT 50 Wailuku Drive • Hilo, Hawaii 96720-2484 Vr1-r (808) 961-8379 • FAX (808) 961-8685 February 11, 2008 MEMORANDUM TO: Chris Yuen, Director Planning Department FROM: Edwin S. Taira= Housing Administrator SUBJECT: Change of Zone (REZ 738) Applicant: Hilo Hillside Corporation Request: Amendment to Change of Zone Ordinance No.93-36 Tax Map: 2-4-008:portions 14 6 26 The Office of Housing and Community Development (OHCD) supports the request to amend Condition C (subdivision approval) of Change of Zone Ordinance No. 93-36. The applicant has been working in good faith with the OHCD to fulfill the affordable housing requirements pursuant to Hawaii County Code, Chapter 11, Housing. Thank you for the opportunity to comment. 038136 EXHIBIT 1489pasr y~ lJ EQUAL HOUSING OPPORTUNITY "HAWAI'I COUNTY IS AN EQUAL OPPORTUNITY PROVIDER AND EMPLOYER' .rGE" o F h, L1UiW 11. THIEIJZN `n LINDA UNCLE /Y 111A ~l lwoy ~!J \\\~~/&C\q51(I!)I I.V•D MIUNP[IRN_VF9[NIit FF GOVERNOR OP HAWAiI 11~~~~ ~68 -~~~~%W/ A\"T~s _c.iISSIpN OF V'!nT M14 RFSOlmu_mcunOGV'Iba! 6 pf`i l' 37 t tAN4,a r;!. ~,r-irMET Fecot~~dantlN&~~ t,OUNCV Uf HAWAII' OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION State of Hx+li~ POST OFFICE BOX 621 HONOLULU, HAWAII 96809 February 1, 2008 County of Hawaii Planning Department 101 Pauahi Street Suite 3 Hilo, Hawaii 96720 Attention: Mr. Norman Hayashi Gentlemen: Subject: Special Permit (SPP 1194), Change Zone (REZ 738), Special Permit Application (SPP 08-000048), Special Permit (SPP 05-009) Thank you for the opportunity to review and comment on the subject matter. The Department of Land and Natural Resources' (DLNR) has no other comments to offer on the subject matter. Should you have any questions, please feel free to call our office at 587-0433. Thank you. Sincerely, orris M. Atta Administrator EXHIBIT 037896 I I Ii II~LIII`. ,:c'v Cii"(:!Il-L.1l.;ll{~f. b'i.l%, uo fEiawe 4 [I~Q? v~~~ fe,lI Al V ut> f OF AVVY".10 STATE OF HAWAII DEPArvrMENT OF HEALTH F.O. BOX 916 HILO, HAWAII 96721-0915 MEMORANDUM DATE: February 5, 2008 TO: Christopher J. Yuen Planning Director, County of Hawaii FROM: Newton Inouye h~ Acting District Environmental Health Program Chief SUBJECT: Change of Zone (REZ 738) Applicant: Hilo Hillside Corporation Request: Amendment to Change of Zone Ordinance No. 93-36 Tax Map Key: 2-4-8:portions 14 & 26 The Health Department found no environmental health concerns with regulatory implications in the submittals. WORD:REZ 738.at EXHIBIT lj 0 9 p m p i~ ti t, ztm t~. t r iti1;F.4. C ttU r 1~t1 ~i b e ~ :fx?Y i~sn hv` Wt' ~Anral L.-PA RTf<i NT u, ,4„ J,3» t j y. YJ~UI~I 1 HAVIAN 1011 "~Ilfflpl ra ~M--w -.n; Ffx ,x i sr Sl lAl OF HAWAII i Te 14: sJ ULPAR'1MENf t)FLANDAM MA. VRAI,RFNOIJR(;En mt ru' ;iw.4r`t SfA't't ti6YlUi2[C PI21s5F"titVAl'l4N 1'JlY+I510iY <.d~ii;`•"~«,x 601 RAMOKILA-BOUL UVARO, K OM 555 KAPOLUI RAWAtI 90(0! February 2r1. 2008 Norman Hayashi LOG NO: 2(0.0315 County of Hawaii DOC, NO: 0802M057 Planning Department Archaeologv 101 Pattahi Street, Suite 3 Hilo, Hawaii 96720-42024! Dear Mr, Hayashi; SUB;IEM Chapter 6F42 Historic Pregervation Review - Request for con ment an the requested Amendment to Change of Zone Ordinance No, 93=36 to antend:Condition C (Subdivision Approval) Pox, of Pennewa, Lipper Walakes &c Waiakea_FIL Ahupua'a, South Hilo District' Inland ofHawai i DT M: t3)24$:nortfot* l4:and 26 Thank you for the opportunity to comment on (he~aforernentioneh project. We determine that no historic properties will be affected by this undertaking because: Intensive cultivation has altered the land. ? Residential devetopmentfurbanixation has nitered the land n Previous grubbing/gradinghasaltered the land H An accepted archaeological inventory survey (AIS) found no historic properties SHPD previously reviewed this project and mitigation has been completed xl~ Othert This re quert invoke an ea7esvion,, pf rt neldue date. nor grmend-altering-activities.. In the event that historic resot e", including -human skeletal remains, lava tubes, and lava blisters/hubbies are, identified during the construction activities, fill work needs to cease in the immediate vicinity of the find, the find needs to be protected from additional disturbance, and the State Historic Preservation Division. Hawaii island Section, heedsto be contacted immediately m f808i 896-0 '14 _ Please contact Morgan Davis at (808) 896-0514 if you have any questions or concerns regarding this letter. Aloha. 2~ o4- Nancy Mc lahon Acain~t ,arc haeoloey Branch Chief EXHIBIT 03N863 Stitt,, fii~lol { i'tt SFrRHYiQn l>iviswil pi,' veer Plaza Fiuit_ ~H~ ,'900 OT! >it' e~ ir~zalI L~af~~~tz~l~~ ~-L^ ~3 ; t e r~ 1 etepho k (8,003) 5,24 A W, - FAX, (S(is) 574 7524 i. i~j-ENT r7~r~ r r 01 t"NAU ~I j! February 21, 2008 r r 6 Mr. Christopher J. Yuen, Director Department of Planning County of Hawaii 101 Pauahi St. Suite 3 Iiilo, Iii 9x720-3043 RE: Change of Zone Ordinance # 93 36 (REZ 738) Request for Extension TMK 2-4-8:14 Aloha Mr. Yuen; Mahalo for the Planning Department's response dated February 20, 2008, regarding the processing status of Moaniala Holdings, LLC's request for extension of its subdivision applir?yon for the Hilo Hillside Subdivision. After reviewing all department reports, it appears that the only comments are from Hawaii County's Department of Environmental Management. We wish to confirm that we will adhere to all comments of the subdivision requested by the Department of Environmental Management in its memorandum dated January 31, 2008 and attached Solid Waste Management Plan Guidelines dated September 14, 2007. Should you require more information from us, please call me at 808 524 4065. Sincerely, J es G. Lee $ E3ilo Hillside Corporation a Agent for Moaniala Holdings, LLC Land Owner k G EXHIBIT RKITiNi&A,,,ndRFbZ dao-i2/OR COUNTY OF HAWAII PLANNING DEPARTMENT RECOMMENDATION HILO HILLSIDE, LLC AMENDMENT TO CONDITION C (SUBDIVISION APPROVAL) CHANGE OF ZONE ORDINANCE NO. 93 36 (REZ 7381 Upon review of the request to amend Conditions C (Final Subdivision Approval) of Change of Zone Ordinance No. 93 36, the Planning Director recommends that the Planning Commission forward a favorable recommendation to the County Council, with modifications to some of the existing conditions. Since this recommendation is being made without the benefit of public testimony, the Director reserves the right to modify and/or alter this position based upon additional information presented at the public hearing. The recommendation for approval is based on the following findings: The applicant requests a five-year extension of time to comply with Condition C (final subdivision approval) of Ordinance No. 93 36. Condition C currently reads: "Subdivision plans for the proposed development shall be submitted to the Planning Department within one year from the effective date of the change of zone. Final Subdivision Approval shall be secured within two years from the date of receipt of Tentative Subdivision Approval." Ordinance No. 93 36 rezoned approximately 171.84 acres from an Agricultural (A) to the Residential and Agricultural (RA) district to allow the development of a 140 one-acre lot subdivision. The applicant has yet to comply with Condition C of the ordinance, which required that Final Subdivision Approval be secured within two years from the receipt of Tentative Subdivision Approval. The applicant requests the additional time for compliance due to the County's realignment, acquisition and construction of the Puainako Street Extension through the property, which required the revision of the final plat map to conform to the new road right-of-way. In 2004, meetings between the applicant, State and County officials were held to discuss the condemnation of approximately three acres of the property fronting the drainage easement portion along the new Puainako Street Extension. The applicant agreed to the condemnation, and the 1 Plannir_q Director granted a two-year extension until February 16, 2006 to comply with Condition C. Meetings with County officials took place on a number of occasions, and "the subdivision map has been revised three times in an attempt to resolve the condemnation, but the condemnation was never resolved." In a memo dated February 28, 2008, the Department of Public Works had no comments. 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 are not the result of their fault or negligence. The construction of the Puainako Street Extension and related drainage easement improvements through the project site required numerous revisions of the final plat map. The County has already completed the construction of Mohouli Street to Ainako Street, and the applicant has worked with the County towards satisfying conditions with the ordinance. Affordable housing issues are being discussed with the Office of Housing and Community Development. The applicant has made a good faith effort in complying with conditions of Ordinance No. 93 36; however, a second set of construction drawings to accommodate the future extensions of Kupulau Road and Kawailani Street as required by Condition D of the ordinance (grading of the roadways) is pending. According to the Department of Water Supply, a water commitment deposit is still pending, and the applicant will be required to pay installation and facilities charges including payment of the entire pro-rata share for the off-site improvements. The Department of Public Works has stated that payments of $175,000 for the design and installation of traffic signals at the Kukuau Street and Komohana Street intersection, as well as $60,000 for the portion of the Mohouli Street extension, are still pending. The applicant will be required to comply with all of the stated conditions of approval. Granting of the time extension would not be contrary to the General Plan or Zoning Code. The area was rezoned from an Agricultural (A-20a, A-10a, and A-3 a) to the Residential and Agricultural (RA-l a) district to allow the development of a 140 one- acre lot subdivision. The 2005 General Plan designates the area as Rural, reflecting the approved zoning. Therefore, the request would not be contrary to the General Plan. Granting of the time extension would not be contrary to the original reasons for the granting of the change of zone. The original reasons for the approval of the 2 change of zone are stilt applicable and the request is not contrary to these reasons. The project area is not classified under the Agricultural Lands of Importance in the State of Hawaii (AL1SH) designation, and the Land Study Bureau's Productivity Rating for soils in the area are "D" or "Poor" and "E", or "Very Poor." Based on the discussion above, the Planning Director proposes that a favorable recommendation be forwarded to the County Council to amend Condition C. In addition, the Planning Director recommends that existing conditions in the ordinance be revised to reflect the current standard language for conditions of approval. (Material to be deleted is bracketed and struck-through; new material is underscored): A. The applicant, successors or assigns shall be responsible for complying with all of the stated conditions of approval; B. The required water commitment payment for the development shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within [ninety] 180 days from the date of approval of the amended change of zone. The applicant shall pay installation and facilities charges as required by the Department of Water Supply, including 12Wnent of the entire pro-rata share for the off-site improvements. C. (Subdivisien plans for the proposed developmefft shall be subalined to the Planni ] Final Subdivision Approval shall be secured within [t Oe ve"s f0em the date of reeeipt of Tentative Subd . isia.. A.... fen l] five years from the effective date of this amendment; D. The [Saddle Kupulau Street and Kawailani Street extensions affecting the subject property shall be delineated on preliminary and final subdivision plans to allow for a right-of-way. These street extensions shall be fully graded at a vertical alignment meeting with the approval of the Department of Public Works in conjunction with Final Subdivision Approval. [The Meheal: Street n:....1_, ~-venue roadway segment •'>hieh a fl et" the ....l.:eet p peFt • shall be eenstmetea to a ..,t.. VG Publie Works prior to the issuanee of-Finitl Subdivision Approval for the pfopesed- development The east of the r..e.l..ay e"tensi improvements shall be 1 orne by the wc. 3 applicant an d sl3a4--be--e-redited and l r? -the arri~tt~ lte app ant -fair -%hate eentrif utiotrforread a+id t+afl°fe-+lnpr em +ti-. In k-u-o"ieaetua1-e o of ts-the-appli£aR~i13a3+-e}eel'nrcm-er-is^=tc^.-a=; ortension agreement with the together With tl, + 1 d ..+y h,...,1 ..the SMUFity deemed-azeeptable-by the Planning Director for the construetion of the said E. [Interserstion improvements, ineluding the design and eenstruetion of tFaffie signal and related improvements other than ehannelization, shall be installed at the Kulwau Kernehana Street interseetion meeting with the approval of the Department of Publi Works by ray my 194; and interseetiort improvements, eludi g the design - eonstmetion of traffie signals and related improvements shall be installed at the Mehouli Komhana Street interseetion meeting with the approval of the Departmefft of Publie Woks in eenjunetion with the eenstruetion of the Mohouli/Ainake roadway cmensionj The applicant shall pay $175,000 in lieu of the design and installation of traffic signals at the Kukuau Street/Komohana Street intersection and $60,000 in lieu of the Mohouli Street extension, prior to Final Subdivision Approval_ F. As represented by the applicant, restrictive covenants in the deeds of all the proposed lots shall prohibit the construction of a second dwelling unit on each lot. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Department for review and approval prior to final subdivision approval. A copy of the approved covenant shall be recited in an instrument executed by the applicant and the county and recorded with the Bureau of Conveyances likewise prior to final subdivision approval; G. [Toensure that the goals and policies of the Housing Element of the General Plan are ..leme..ted> the applieant shall secure the a e of-the County Rearing Ageney, upon the reeerarneWatien of the Offiee ef-Housing arid Community Development, that the-app.want's affordable housing requirements, if any, have bee fulfilled prier te the issuanee of final subdivision approval ] To ensure that the goals and policies of the Housing Element of the General Plan are implemented, if applicable the applicant shall comply with the requirements of Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing Policy. This requirement shall 4 be approved by the Administrator of the Office of Housing and Community Development prior to receipt of final subdivision approval; H. Access to the development shall meet with the approval of the Department of Public Works. No lots shall have direct access from Puainako Street. [Access to the proposed lots shall be via the existing KuWau Kemeharia interseetion and via the „'..a Street and the D......wai golf ee••`se>a southerly boundary shall he Y••1,c"aavstir xca the Penahawai golf a southerly boundary, ,ided that the eourse's «d th,...,...d : eats have been bonded. in the a ew that the « red Ponahawai gelf eour-se development does not come to ffuifien, the applieant shall .provide, in lieu e f ee«nt«.eting the a .«t`. dedieahle ..eadway segment adjoining the golf a se,.the:ly beunda.... a enhibution of three hundred thousand dellarn I. The applicant shall make its fair share contribution to miti atg a the potential regional impacts of the property with respect to parks and recreation. fire, police, solid waste disposal facilities and roads. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the lot counts are adjusted. The fair share contribution shall become due and p4yable prior to receipt of Final Plan Approval or within five years from the effective date of this amended change of zone ordinance, whichever occurs first. The fair share contribution for each lot shall be based on a maximum density for each lot as determined by the zoning resulting from this change of zone 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 the amendment to the ordinance, based on the percentage change in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a maximum combined value of $11,506.13 per single-family residential unit. The total amount shall be determined with the actual number of units according to the calculation and payment provisions 5 set forth in this condition. The fair share contribution-per sinle-tamilv_residential unit shall be allocated as follows: f $5,548.46 per single-family residential unit to the County to support park and recreational improvements and facilities $267.66 per single-family residential unit to the Count, ty o support police facilities• • $528.66 per single-family residential unit to the County to support fire facilities: • $231.45 per single-family residential unit to the County to support solid waste facilities • $4,929.90 per single-family residential unit 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: [1-11 Drainage improvements shall meet with the approval of the Department of Public Works; [J-.] K. The method of sewage disposal shall meet with the approval of the Department of Health; [K--] L. Should any unidentified sites or remains such as artifacts, shell, bone, or charcoal deposits, human burials, rock or coral alignments, pavings or walks be encountered, work in the immediate area shall cease and the Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been taken; [6] M r A n other applicable laws....lee gulatiens and ents shall be ...plied ..„41,] L J Comply with all applicable County. State and Federal laws, rules, regulations and requirements; 6 [Wl-] .Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance; [I] O.An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the change of zone. The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied and the Planning Director acknowledges that further reports are not required; and, [9] P.[ granted by the Planning Direeter upen the following eir-eumstaneesi l ) the non n°rc manee is the r ul« a feand:tionn that eeula net have been f reseen , e beyond the eentml of the applicant n and that n not the fesult of theiF r ult rv egl:rv°nn°. assigns, 2) granting of the tifne extension . ould ne4 be eaFAF^f • to the GeneFal Dln.. n 3) granting of the time extension would net be centFary te the eFiginal A\ the fifne ex4e lien "'..'ned shall be for n peried net to " eed the period T~ the L14YY YILLYILJLV II tally granted f r peFf r'"^n°e (i.e. end tien to be pelf fined vusia4ua4 within vai4°, year uuy be emended feF up to one , 3)] if the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the Planning Commission and County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation. 7 Iv. COUNITY ()F OF i-1AV'/AJ'1 BULL NO. ORDINANCE NO. (PLANNING DEPT.) AN ORDINANCE AMENDING ORDINANCE NO. 93 36 WHICH RECLASSIFIED LANDS FROM AGRICULTURAL-20 ACRES (A-20a), AGRICULTURAL-10 ACRES (A-10a), AND AGRICULTURAL - 3 ACRES (A-3a) TO RESIDENTIAL AND AGRICULTURAL - 1 ACRE (RA-1a) AT KUKUAU 1sT, SOUTH HILO, HAWAI`l, COVERED BY TAX MAP KEY 2-4-8:PORTIONS OF 14 AND 26. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Ordinance No. 93 36 is amended as follows: "SECTION 1. Section [23-1-14] 25-8-33, Article [3] 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), is amended to change the district classification of property described hereinafter as follows: The district classification of the following area situated at Kukuau 1St, South Hilo, Hawai'i, shall be Residential and Agricultural - I acre (RA-I a): "SECTION 2. [Thic in dis °et classif:catien is .,on..oned upon the ellc.. "b:] b In accordance with Section 25-2-44, Hawaii County Code 1983 (2005 Edition), the County Council finds the following conditions are: 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: Protection of the public from the potentially deleterious effects of the proposed use, or B) Fulfillment of the need for public service demands created bathe proposed use. . ~ h4; apli tlc.a.ilt, SUCCCS;iws Cut ) 4.SVLi'd 'Nall V?e rC SI}41pHSPrk'- t,(%r GUG~ijS t~'35~4? \r1it~4 all oY flic stated conditions of approval; D. The required water commitment payment for the development shall be submitted to the Department of Water Supply in accordance with its "Water Commitment Guidelines Policy" within [ninety] 180 days from the date of approval of the amended change of zone. The applicant shall pay installation and facilities charges as required by the Department of Water Super, including payment of the entire pro-rata share for the off-site improvements. C. [Subdivision plans f r the proposed development ..hall be submitted to the Napmirg D epa'.4ment within one year fiom the of eeti .e Elate of the hange of zone.] Final Subdivision Approval shall be secured within [twe yeas from the date of reeeipt of Tentative Subdiyisieft n pp fev l] five years from the effective date of this amendment; D. The [Saddle Kupulau Street and Kawailani Street extensions affecting the subject property shall be delineated on preliminary and final subdivision plans to allow for a right-of-way. These street extensions shall be fully graded at a vertical alignment meeting with the approval of the Department of Public Works in conjunction with Final Subdivision Approval. [The Mehouli Stfeet'Ainnka Avenue ..edieable standards : meeting with the apprv. ."a1 of the nvpurcricvccc iiitme 4-o: ` f in manner ..........g c.cvu-r~ ccacv Publie \SerLs rfieY to the ' of L`ina4 Subdivision Appfe....1 fr the proposed- development. -cv -orA ~:1~....e The cost of the avaar`'ay ent 1 11 / e L 1 41... appliemit and shall be credited and limited to the amount of the applioan's fair qhAre, ay mpr^ app uy he oud:: °x.e...... ente, -2- -3hn F. [1rttsecl~ i~nY e~lcrts i,kldiz~b~i-n~ eta Eta of4ra€f~e-sighs zn-.ii re-edi- mprove tci-iis offie lh^urrcnm=a vlizaatit on' shall be installed a the y,.:ktiµ}1-' 1~si~shnHa-Street tlrk~`. ul ~~eT.'eY ~ ::e^t : f P;:bl~ WodI S b-y-1-uly -1994; an. lnb('-rSEEt16fl--1n H~vP-~niC-n'ts-I fI C-111 ing the design an-- eonstr i on o'"f t,-a FC,d. a g als aP "Tate. : pl-e --.-ns al'^ll be inst^lle- at the of Publie Works : •ima"or wit.. the the a evnvrrae truetiao of tl'e T.f mv.~houl ko~ad_ ay v eer e`rrvvn rvca~ extensionfl The applicant shall nay $175,000 in lieu of the design and installation of traffic signals at the Kukuau Street/Komohana Street intersection and $60,000 in lieu of the Mohouli Street extension, prior to Final Subdivision Approval, F. As represented by the applicant, restrictive covenants in the deeds of all the proposed lots shall prohibit the construction of a second dwelling unit on each lot. A copy of the proposed covenant(s) to be recorded with the Bureau of Conveyances shall be submitted to the Planning Department for review and approval prior to final subdivision approval. A copy of the approved covenant shall be recited in an instrument executed by the applicant and the county and recorded with the Bureau of Conveyances likewise prior to final subdivision approval; G. [To ensure that the goals and olieies of the :louring Element of the General Plan are implemented, the applieant shall saeure the eoneurrenee of the County H Agency, "on the r-eeemmendation of the Offiee of Housing and Gommimi Deyelopme t, d that the a „l:"^"t'^ aFFrdable re....: µ„ta if a", have been xicrriv > ` 'filled prior to the ; F pal sub-division approval] To ensure that the Goals ^~n ~t~ and policies of the Housing Element of the General Plan are implemented, if -3- ~J _7 Al C::"C4~r LILG ajJl }1Yca1a 51!811 ed'1E_Yt7ty }n LLLl,(~LG 1 OUIld G'ii ti 'JVr, C6'd ~ Z1C_F?~t? ~ } 1 11 C:1C 1, I Lol 'alE Q oCUli}'_~ oC?C 3:eta:L11I ~.T, fCt Aflo7 ElablC IIo swg l 01C} IIms, req )reYI1P111: 'iila li heap roved bathe Adminisir'ator of the Office of Hottunv and Community Development inaor to receipt of final subdivision approval; R Access to the development shall meet with the approval of the Department of Public Works. No lots shall have direct access from Puainako Sheet. [Aceesi4othe C"'Y"~e.1,is-lllce..:.Czm.,"10.1ana n,1c.... e..4:..« .....1 kL,~ f `opo A TR' houli 8--o t W A 1„ako zAavent+e_i$t-r~ e :..'vay s--r «e«4 1 Kukuati Cit.- et and the Panahawai golf c uth rly bo nda sh- l.e of the proposed Ponahawai golf eour-se have received final approval and the re eimpfovements hay,,@ been 1.ended In the evert that the proposed D,.....1.awai go! eeurse development does net e a to fi=uitiono the applioant shall « .ide> in lieu e sauthe«1..1.... .~vc.«,1... a eantfibution o f4hree 1,....AreA ti.,.,. ~,.«A A..11...... Z An nnn% l mom-x:u-rr~mc~axy-rca. zas~vn-vxtracc-nui.ax~.v-aiousan---..o..aF 1. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The fair share contribution shall be initially based on the presentations contained within the change of zone application and may be increased or reduced proportionally if the lot counts are adjusted. The fair share contribution shall become due and savable prior to receipt of Final Plan Approval or within five years from the effective date of this amended change of zone ordinance, whichever occurs first. The fair share contribution for each lot shall be based on a maximum density for each lot as determined by the zoning resulting from this change of zone. 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 -4- (i_- 'iCil PP! ~r~ i1?ttlg, hhy r '-T-In li - thrr 'ea)S -_~~.Yt t~l ci E[;tYVC de:ic of IhC; Fi!I itroFaccrl! to the oz.ciinasrc c, bkz sed oil dic oercrints e clzan € tat the i_f0noluht C,orrsu?ne; Y i(;e Index 1.101)_The fair share contribution shall have a maximum combijied value of $11,506.1 3 per s]ngle fami(y Yesidential unit. The total amount shall be deteiYnined with the actual number of units according to the calculation and payme rovisions set forth in this condition. The fair share contribution per single-family residential unit shall be allocated as follows: • $5,548.46 per single-family residential unit to the County to support park and recreational improvements and facilities; • $267.66 per single-family residential unit to the County to support police facilities; • $528.66 per single-family residential unit to the County to support fire facilities; • $231.45 per single-family residential unit to the County to support solid waste facilities; • $4,929.90 per single-family residential unit 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; J. Drainage improvements shall meet with the approval of the Department of Public Works; -5- [YC.ail ll: [K-.] L. Sbould any unidoo ified sites or remains such as aitif lets, shell; bone, or charcoal deposits, human burials, rock or coral aligtnnents, pavings or walks be encountered, work in the immediate area shall cease and the Planning Department shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the Planning Department when it finds that sufficient mitigative measures have been tall [L~] K. [ ice] Comply with all applicable County, State and Federal laws, rules, regulations and reauirements; [M-.] N.Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for the imposition of exactions or the assessment of impact fees, conditions included herein shall be credited towards the requirements of the Unified Impact Fees Ordinance; [N-.] O.An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the effective date of the change of zone. The report shall address the status of the development and the compliance with the conditions of approval. This condition shall remain in effect until all of the conditions of approval have been complied and the Planning Director acknowledges that further reports are not required; and, [~JJ 1 p [An sitime : of for the Y" within erfen .anoe of conditions the vrd~ L - ul may be 1 P-.J n t _ 1L _ yE _ t x{.~vr iC,. V I+]-Y FB., L iit f: 3;1i=1 =fia'to,~, z~)- b:=a~ittigol-tYi~t:~,=~ €3s:~,§;srr ~~uir:-it3E=bE-cornras~~eo-~c~-~~=,e; ~ 1 a'-'1~": 33--gruntii3g-ef~~~~s.~, ,~~,a„ntmc3F to~l~ o; ,fin 4) tl 013218 e3 t~HS3Hn1}t@d 1, 11 1+° F 7_ aot-m °u- cc°c 7 ra_si pei od originally gr within one year may be e)Aanded for- up te ene year-),~~ 3j] if the applicant should require an additional extension of time, the Planning Director shall submit the applicant's request to the Planning Commission and County Council for appropriate action. Further, should any of the conditions not be met or substantially complied with in a timely fashion, the Director shall initiate rezoning of the area to its original or more appropriate designation." SECTION 2. Material to be deleted is bracketed and stricken. New material is underscored. SECTION 3. In the event that any portion of this ordinance is declared invalid, such invalidity shall not affect the other parts of this ordinance. -7- fiF~ j~•hl.l~~ii 4: I'IIP„ 0_CCiE1C;f7G('- ~1 't2f'C 4~lef;[ L~NQTri ?f.`c 8fki13n\,'u. COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of Ist Reading: Date of 2nd Reading: Effective Date: -g- ( Iil 1', f _1 aV~ Il /I Ii1' 1.`' I1-i. -t sf~ ITS I_L. 1'.I',~11/ _l tit Y C DUIN'f( jL ^.tee~Fo Hfnw)fF lta~,tersor Ccf!treFay ~serds~'8rr~i :E~ ~ a.~jaiscae (retf Hilt,, Hawaii .96720 On Bill No. 3 (Draft 3) , Ordinance No. 93-36 , reference is made to a map attached hereto, marked Exhibit " A Said Exhibit is not part of the duplicate copies of this ordinance, due to its size, but is available for viewing in the office of the County Clerk. If further information is needed, call 961-8255. Robin J. Yahiku COUNTY CLERK FOR REFERENCE ONLY PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT APRIL 4, 2008 A regularly advertised hearing on the application of HILO HILLSIDE CORPORATION (REZ 738) was called to order at 1:58 p.m. in the County of Hawaii, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii, with Chairman Rodney Watanabe presiding. PRESENT: Rodney Watanabe ABSENT & EXCUSED: C. Kimo Alameda C. Kimo Alameda Lani Bowman Takashi Domingo Andrew Iwashita Shelly Ogata Alvin Rho Rene' Siracusa Rell Woodward Ivan Torigoe, Deputy Corporation Counsel Christopher Yuen, Planning Director Norman Hayashi, Staff Planner Phyllis Fujimoto, Staff Planner Jeff Darrow, Staff Planner And five people from the public in attendance. APPLICANT: HILO HILLSIDE CORPORATION (REZ 738) Amendment to Condition C (time to secure Final Subdivision Approval) of Change of Zone Ordinance No. 93-36, which rezoned 153.479 acres of land from Agricultural 20-acre (A-20a), Agricultural 10-acre (A-10a) and Agricultural 3-acre (A-3a) to Residential and Agricultural 1- acre (RA-la) district. The property is located mauka (southwest) of the Sunrise Estates Subdivision, Increment I, Kukuau lst, South Hilo, Hawaii, TMK: 2-4-8: portions of 14 and 26. WATANABE: We're on Agenda Item No. 4. This would be the applicant Hilo Hillside Corporation (REZ 738). This is for a time to secure final subdivision approval. With that I'll turn it over to Jeff. DARROW: Thank you, Mr. Chairman. If I could direct the attention of the Planning Commission to our board in the back. This applicant in this case, Hilo Hillside Corporation, is requesting a 5-year time extension to Condition C which is the time to secure final subdivision approval. This is for Change of Zone Ordinance 93-36 which originally rezoned, it's actually 171, 171 acres approximately from Agricultural 20-acre, Agricultural 10-acre, and Agricultural 3-acre to a Residential/Agricultural 1-acre zoned district. The area of this application is identified, outlined in black. This is on the south side of the new Puainako Extension. In this particular area you have Sunrise Estates Subdivision, you have the Mohouli Extension on the upper portion of the map, Komohana Street. So this area is quite large, identified in brown which is the RA 1-acre zoning. The applicant is proposing to create a subdivision of 140 lots out of the zoning. They are asking for a 5-year time extension to be able to receive final subdivision V 1 approval. They have submitted for tentative subdivision approval. This is Condition C as it states in the condition at this time. This is the proposed subdivision layout. Again, approximately you have 140 lots and you can see the Puainako Extension running through a portion of the north side of the property. The Planning Director is recommending that the Planning Commission send a favorable recommendation to the Hawaii County Council. Several conditions of approval have been either amended or added to reflect our current language; and some of these conditions are specific to this particular application, mainly the conditions having to do with certain payments that have to be made by this applicant. Are there any questions? SIRACUSA: Yes. WATANABE: Yes, Ms. Siracusa. SIRACUSA: I'm looking at the February 29, 2008 letter from the Department of Water Supply in which they say "We reiterate that water for the proposed subdivision will not be available until the construction of the off-site improvements are completed and accepted by the Department of Water Supply." Does that mean off-site improvements done by the Department of Water Supply or by the applicant? DARROW; The Condition B addresses this issue, Condition B within the ordinance. And it says that "The applicant shall pay installation and facility charges as required by the Department of Water Supply, including payment of the entire pro-rata share for the off-site improvements." So this will be the responsibility of the applicant to either bond these improvements or to have them done. SIRACUSA: I had noticed that. However, I was also wondering if there was some kind of a timeline. Do we know how long it will take for those off-site improvements to be effectuated? DARROW: I'm not sure on that. If we could ask the applicant, if we could defer that for the applicant. SIRCAUSA: Okay. Cause I'm wondering if five years is too much or not enough or, you know, related to that, because obviously you can't put in houses without water. So-. WATANABE: Yeah, I'm sure they wouldn't get final approval without it anyway. Okay, do we have any further questions for staff? With that, may I call up the applicant, please. RHO: Mr. Chairman? WATANABE: Excuse me, give me a second. Yes, Mr. Rho. RHO: Just a short question on the Condition, I guess it's E, that starts with a line out and then it ends with "The applicant shall pay $175,000 and then an additional $60,000 prior to final subdivision approval." I wanted to know how that figure was determined. 2 WATANABE: I think Mr. Yuen might be able to respond to your question. Would you care to respond, Mr. Yuen? YUEN: Well, only partially. This goes back to a discussion in roughly 1995; and at that time the Department of Public Works and the applicant met, actually the predecessor in title, met and decided that rather than the construction of these signals that these payments should be made; and that was agreed to. And at least as far as we know, at least as far as we have been able to determine so far the payments were not made. So we're simply implementing what was agreed to in that letter. And I don't know, you know, I can't tell you what the basis for the actual dollar amount was. RHO: So that agreement for $175,000 and for $60,000 is binding? YUEN: Yes. It's also a condition of the tentative subdivision approval. There was this agreement made in 1995. RHO: I guess I'm trying to look for some way of changing the figures. And let me just explain why it caught my attention. This thing, this application has been going on since 1993 I think, but I'm not positive. And from what I read, I mean, it seemed like the applicant has good reasons for the delay. But if they actually pay the $175,000 and the $60,000 today and then wait, not purposely, but let's say purposely, wait until four years have elapsed because of other concerns that they have as applicants and as developers, I'm almost positive that that cost of the traffic light and whatever this is going to pay for is going to go up. So now you're telling me that the agreement was made in 1995. We're now in 2008, so I would wonder whether or not, whoever can tell us, can tell me, that $175,000 and $60,000 will cover the cost to install whatever by within the next five years. YUEN: Well, if I can Let me put this in another context. Jeff, could you put the location map on the DARROW: Sure. YUEN: And when, gee, this doesn't go down to the intersection of Kukuau and Komohana, right? You can't scroll this down? DARROW: No, sorry. YUEN: This is the slide as it is, okay. DARROW: Yeah, it just misses it. YUEN: Well, when this rezoning was originally approved Puainako Street wasn't in. Actually Mohouli Street wasn't in either but that's sort of beside the point. And the access to the subdivision was going to be through Sunrise Ridge and Sunrise Estates, up Kukuau Street, up to the site. All right? And currently, and nobody knew that Puainako Street, Puainako Street was on the books but nobody knew that the extension was actually going to done or completed. So the requirement for the improvement to the intersection made sense in terms of the access in 1993. It really is hard to justify that as a zoning condition in 2008 when the access to the site is 3 to come from Puainako Street. However, there was this agreement in 1995 which is a requirement of the tentative subdivision approval; and hence we just carried this requirement into the rezoning ordinance when we were cleaning up the rezoning ordinance. We took out the requirement of building these signals at Komohana and Kukuau where they are not really even going to take access anymore, but I kept the dollar amount. And so it's not, so that's the explanation. I know it's a long explanation. I don't know that it's important or critical to say that the dollar figure to do the job was "x" in 1995 and so it should be raised up to something more today. This is just to implement that agreement that was made. RHO: So let me just make sure that I'm clear on this. So that $175,000 and the $60,000 are not set in stone? YUEN: They are conditions, well, they are proposed conditions of the rezoning ordinance. They are written into the tentative subdivision approval. So currently to get final subdivision approval that money has to be paid. RHO: I understand that. But if I as a Commissioner decided today to raise that to $200,000 and $100,000, could that be possible? YUEN: Well, any time the Commission or the Council or the Planning Department makes a zoning requirement we have to have a connection, and this is a general law, or sometimes called a nexus, between that requirement and an impact caused by the development. So you can't just pluck a figure, you know, out of the air and say pay this as a condition of rezoning, or some project that we would like the applicant to do. We have to be able to tie that into some difficulty or some impact that they're causing. So you couldn't just arbitrarily, you know, pick a figure. So in this case, as I said, the only reason why we are carrying this forward We felt that, yes, we should drop the Kukuau-Komohana signal from the rezoning condition because they're really not contributing to traffic at that signal with using Puainako Street as their current access, but we would carry forward that payment of the dollar amount because that was an agreement that was made in the mid-1990s. RHO: Okay, I have issues with what you just said, but I won't dwell on that because this is not a question. But I do have a question. When you look at Item E, the parts that are lined out were approved by this Commission. Now they're coming back and they want the underlined, $175,000 and $60,000, to be in place of the lined out YUEN: Right. RHO: I guess I'm having difficulty, so maybe you can help me with this. How is it possible for somebody to change the condition without coming back to this body? I mean I can see we don't want the traffic signal at whatever and whatever and whatever as spelled out, cause that was based in 1993 on the plan at that point. But, you know, things changed; and that's fine. But then somebody then inserts $175,000 and $60,000 based on 1995's prices, I would guess, but I don't know that as a fact cause I don't know how that's determined, the actual dollar amount. And in 2008 you're asking me to approve it as written when I know that in a year or two and probably right now if I tried to ask whoever can tell us how much it costs, this figure is no longer valid today and in the future. That's just my guess, I don't know that as a fact. So, does that make any sense to you? I 4 YUEN: Well, we are asking the ordinance be changed from the statement in the zoning ordinance that the applicant, you know, install these traffic signals at Kukuau and Komohana. RHO: But you just told me that, but you indicated to me that I can't or we can't change the cost. WATANABE: Not without a reason. YUEN: No, I said that you have to have, there has to be a justifiable reason to do so. And unfortunately because, if it were simply that there was going to be a payment in lieu of doing the signal and we were starting from scratch, yeah, we could probably do that. But right now all we're doing, you know, as I look at it from the standpoint of the Department, is I'm implementing an agreement that was made in around 1995 and then incorporated into the tentative subdivision approval at around 1995. And to be consistent with that, we are asking that ultimately the Council delete the portion that calls for the signal and substitute the agreed upon figure that was done in 1995. RHO: So can I assume, and this is my last question and I'll shut up. Can I assume that from now on whenever a developer comes in and we want or somebody wants them to do a traffic signal, for instance, that we're going to quote them a price and put that price on the condition? YUEN: No. And, you know my own view of the better way to have proceeded with this, frankly, is that if the administration and the developer agreed in 1995 that the signal, that rather than putting in the signal they should pay money, that that should have been an amendment to the ordinance. I do think that that's true. However, you know, here we are, and today we are asking for that amendment to the ordinance. RHO: And can I just add "and collected at the time that agreement was made," so that the County can draw interest on that money. WATANABE: Good. Mr. Domingo? DOMINGO: I guess if you look at the history of this ordinance and the reason that they've come and they haven't been able to fulfill the requirement for the plan approval, it's real exceptional. And it was not of their plan or their desire to just wait and later on come up for a plan approval. They couldn't do anything because the County themselves didn't know where the alignment would be and, you know, it would then prohibit them from making any plans whatsoever. And I think once the decision as to where the alignment would be and if it was decided thereupon that it will be that way, then they could go ahead and go through the plan approval process. But they didn't have the time; so I think that's the reason why they're coming before us and asking for an extension of that time to fulfill that requirement. And I think we must bear in mind that it's something that they had no control; and, in fact, the County, it was in the County's hands at that time. WATANABE: I think Mr. Rho has conceded that though. So I 5 DOMINGO: I think some of the improvements as stated in the original ordinance have been already done by the County, Mr. Yuen? YUEN: Well, the Mohouli-Komohana signals the County installed. DOMINGO: Yeah, it's there already. YUEN: The Kukuau-Komohana signals were not installed. DOMINGO: Okay. WATANABE: Okay. Ms. Siracusa. SIRACUSA: Back to Commissioner Rho's concerns, since the part here under Condition E that talks about the $175,000 is underscored and was not mentioned in the deleted part of that condition, it would appear that that's a new figure that has come before us. And I'm wondering if that was something that Public Works, for example, had informed the Planning Department of what the avoided cost would be today or what the cost would have been back then. WATANABE: It's my understanding and Mr. Yuen can correct me if I'm wrong, but it's my understanding that it was recorded or documented back in 1995. SIRACUSA: Cause I don't see it here. WATANABE: I understand. May I continue, back in '95 in a separate document for the subdivision approval. So all they're doing is incorporating that into this cause they said, in Mr. Yuen's mind, it's one agreement, the ordinance as well as the subdivision approval. And so what has happened is they said we no longer need a stop light there because they're not having access there but we're not willing to remove the $175,000 and the $60,000. I might point out that we do regularly make adjustments to pricing, especially when it comes to affordable housing requirements; and this would be, I believe, under Condition 1. I believe that's all new, yeah, updated amounts? Mr. Yuen? YUEN: The fair share has been updated amounts, yes. And the affordable housing condition has changed to be the standard current language. SIRACUSA: Okay. WATANABE: Okay, so And that would take it up, actually doubles it, wouldn't it, because the affordable housing used to be 10 percent I believe, yeah? YUEN: Yes, that's right. There would be a more stringent affordable housing condition with this rezoning time extension. WATANABE: So in that regard some adjustments are made. Now do we have any further questions for staff? 6 SIRACUSA: No. WATANABE: No. Okay, thank you. May I call up the applicant then. LEE: My name is James WATANABE: Okay, may I swear you in first, please. LEE: Oh, yes, sure. WATANABE: So could you raise your right hand. Do you swear or affirm to tell the truth now before the Planning Commission? LEE: Yes, I do. WATANABE: Okay, and for the record would you state your full name and address, please. LEE: My name is James Lee. My address is 900 Fort Street, Room 955, Honolulu, Hawaii. I'm here representing Hilo Hillside Corporation in SIRACUSA: Please speak into the mike. LEE: I'm representing Hilo Hillside Corporation and we're here to extend our zoning ordinance or requesting an amendment to Condition C of the Change of Zone Ordinance. And our problem was basically not ours at fault and neither the County's, but in 2004 the State approached the County to condemn approximately 3 acres of our land. They asked us for a meeting in December. We attended the meeting. We bought the property in 2002 and we were ready to for subdivision approval. When the County and the State asked us if we would work with them for the condemnation we said we would. And the County and us were whipsawed by the State changing, continually making changes. Until this day we still don't have the condemnation resolved. And, you know, we have everything secured. We have approval for 35 water meters with the Department of Water, but we've told them that we'll wait until, you know, we won't push it too hard with them until we know where we are with the State. And that's what has been holding this project. We are hoping we can resolve our issues quickly, but we need this extension for the subdivision. WATANABE: Okay. Well, you've heard the applicant's explanation. Do we have any questions for the applicant from any of the Commissioners? Yes, Mr. Rho. RHO: I'm sure that you heard our discussion about Item E. LEE: Yes. RHO: Can you talk to that point. 7 LEE: I was called yesterday afternoon in Honolulu that there's a question about Item E. We purchased the property from Hawaiian Electric in 2002. You know, in all of our closing documents as you would in the purchase of your house you have a statement there that the seller has completed all the conditions and restrictions and requirements in the zoning and everything else. So when I got the call I immediately called Hawaiian Electric telling them I'm going to be here and I sure would appreciate the documentation showing that they resolved this issue with the County back in 1995 or thereafter. Unfortunately everybody I worked with retired, nobody's there. So we're trying our best to resolve this issue. We know it's a concern, but, you know, we went on the premise that everything was resolved when we bought the property in 2002. Hawaiian Electric is, you know, a very large company. And whatever happens, if it wasn't paid, we'll pay it. But, you know, our people are saying, you know, Hawaiian Electric should have paid this when it was a requirement. So we're trying to work with Mr. Yuen's Department right now and Hawaiian Electric to resolve this. Because that's the last thing I want to do, is have this thing hung up on something like this. WATANABE: Yes, Mr. Yuen. YUEN: Yeah, I'd like to say we don't absolutely know it wasn't paid. We've been trying to track this down ourselves. But on the County's side we haven't been able to find any documentation that the payment was made. So it's, and, you know, in looking through the files of this application, this letter comes up, this agreement to make this payment; and we don't have any documentation that it happened. So we're putting it into the conditions of the ordinance. If it turns out that it was paid, then we'll drop it as a condition of the ordinance. SIRACUSA: Mr. Chair? WATANABE: Any further-. Oh, Ms. Siracusa. SIRACUSA: Forgive me if this was said and I somehow overlooked it. But did we ask the applicant if he had a chance to look over the recommendation and conditions; and if those were okay with him? WATANABE: Not yet. We're still stuck on our $175,000 and $60,000. SIRACUSA: Okay. WATANABE: Follow-up, Mr. Rho, cause it was your question. RHO: Okay, you probably know more about this than I do, so, I guess But I really want to ask if whether or not you representing the developer, do you know whether or not the developer would be willing to change the wording so that it would be pay for the design and installation of traffic signals, dala, dala, dala, and not have a dollar figure there? LEE: Well, I don't think I have that authority, Mr. Rho. And this thing came up yesterday afternoon and we RHO: Right. 8 LEE: You know, I don't have any kind of authority to do that. You know, there are many people involved in the project so RHO: Well, do you think that they would have major objections to that? LEE: Well, let me explain it this way, Mr. Rho. hi 2004 we had an estimate of construction cost from Isemoto Construction here in Hilo; and the total construction cost at that time was a little bit less than $10 million. And just before December of 2007, we went out and sought estimates from several, several construction fines; and Isemoto again was the lowest bidder. But their bid is now $13 million, which is like $22,000 per lot more. Now I know that's not your concern. But this is what I'm trying to put into context. We've worked with the County to make this project a Hawaii island resident project. We have conditions, we worked with the Planning Department to have conditions in our sales contract. hi 2004, you know, the price of real estate was rising exponentially, so we agreed to put in the sales contract that for the first six months you had to be a Hawaii island resident, you had to show that you live here, you had to own the lot for at least three years, and after three years you either had to build or you had to determine who you're going to sell it to, and it had to be a Hawaii island resident. We worked that out with the Planning Department and everything else. And that was, you know, that was something that I really fought for. It was very difficult to convince other people. But we wanted to make sure that this was a Hawaii island project. And to go from, you know, to increase our prices because of this delay on the condemnation by $20,000 plus has put a crimp in my, you know, in my enthusiasm because it's just one thing after another. So to answer that question I think I'm going to be voted down if I were to ask if I could change anything. We're trying to determine if, you know, according to our attorneys this was already paid. And according to Mr. Yuen's office they don't have any record of it. And so the only solution I can come up with something like this is whatever the number they come up with we'll agree to pay that. And I got that late last night that let's agree to pay that if we find that it wasn't paid. So now if I go back and try to change the wording, I think I'm going to be, I'm going to have a difficult time doing that. WATANABE: Do you have any follow-up to that? RHO: No. WATANABE: No. May I add a bit, and this is in response to the question you had earlier with regard to how we would handle conditions such as this. And it has been my experience that, you know, when we have a proposed subdivision and we ask the various departments to make comments, and the State of Hawaii Department of Transportation is one of them, and they say, oh, you should have signalization at certain intersections, I do not ever recall us putting in a dollar figure for that. Instead, what we do is say you will signalize this intersection; and typically they put this catchall wording that it's not limited to this channelization or whatever else, and meeting with the approval of the Department of Transportation and leave it at that. I really believe that. If you recall we used to have a lot of pay in lieu of as an earlier practice that has for the most part been discontinued, yeah. And I'm trying to respond to, you know, your secondary question, yeah. I don't know anything about this in particular. Okay, so now with that, Mr. Woodward, it looks like you have a question. 9 WOODWARD: Well, yeah. I had a question, or comment more than anything else. It would seem to me that if there was money owed prior to subdivision development that that should have been disclosed to you at the time that you bought the land from Helen. And if Helco or the realtor involved didn't disclose it, then they are liable. LEE: Correct. WOODWARD: So-. LEE: You know, that's what's coming at me on the other side, you know. And I'm saying well, I'm going to appear in front of you, I would like to make a positive statement and not say, well, I'm going to look at this guy. But I did receive approval to say that if I can meet with Mr.Yuen's office in the next week or so and we resolve it, if it hasn't been paid we'll pay it. WATANABE: Okay, Ms. Siracusa. SIRACUSA: Well, have you asked Helco if they could locate the record of payment, or cancelled check, or something like that? LEE: Yeah. Unfortunately all the people that I worked with in 2002 have retired. I guess I'm dating myself, Ms. Siracusa. WATANABE: Okay. Do we have any further questions? Okay, then I have one. Have you received the conditions and have you had an opportunity to review the conditions LEE: Yes. WATANABE: As revised? LEE: Well, I was given enough time this morning. WATANABE: Yeah, unplanned, yeah. LEE: But I would like to ask, and it's not a requirement, I just would like the Planning Commission to consider the fair share of the improvements and everything. We understand that, and I'm looking at this and I can understand all of these requirements. But the $4,900 for the roadway, we are taking so much more, you know, I don't know how to explain this. But we had, we know what people in Hawaii County can live with in a reasonable lot. And adding all of these, these last four years, adding all of these extra numbers on, costs on the project, these lots are going to be, you know, these lots are going to be near $250,000. And we were prepared to, when we were working with the Planning Department, you know, we were going to be in the $210,000 to $215,000 range. But with all of these added expenses, this is all to help the County we were trying to make it for. We were trying to make this subdivision for the people of the County, I guess that's what I'm trying to say. And I just wanted some kind of consideration if you would be kind enough to reconsider the $4,929 per lot for the road and traffic improvements. Now that's the only thing I can ask for. 10 WATANABE: Everything else is fine? LEE: Everything else we're willing to work with and comply with, and do whatever it is to continue this thing on. WATANABE: I don't see anyone popping up to make comments. But, you know, with all due respect it's my view that it's rather difficult to make an exception on that. I understand the predicament you're in and I understand what you're trying to do, and I applaud what you're trying to do. But, you know, to make an exception on a particular item such as this I think it's a little difficult, kind of precedent setting. LEE: Oh, thank you for at least listening to me. I appreciate it. WATANABE: Let's see, yes, Ms. Siracusa. SIRCAUSA: These figures are determined by a specific formula that's mandated by the rules, Director Yuen? I mean how do you get to, you know, the figures there like 46 cents, 56 cents, that sort of thing? I assume there's some formula. YUEN: The fair share contribution was originally an off-shoot of a study that was done to determine impact fees in the late 1980s. The impact fee ordinance was never adopted. But without adopting the overall ordinance the Council began including fair share amounts based upon the study that was done into rezonings starting in the early 1990s and has, this has been a consistent practice ever since. The amounts have been updated based on consumer price index increases ever since. And so that's how the actual numbers come about. WATANABE: Yes, so from that standpoint it would seem that it's a fair assessment or at least consistent with the practice. Do we have any other questions for the applicant? Then, thank you for appearing. You may be seated. Well, do we need to have any further discussion on this? So is someone prepared to make a motion? TORIGOE: How about public testimony? WATANABE: Oh, excuse me, no. For the record, I do not have anyone signed up for public testimony on this, and it doesn't seem like anyone is acknowledging it. And so Yes, Mr. Domingo, do you have DOMINGO: Mr. Chairman? WATANABE: Yes. DOMINGO: In the matter of the Hilo Hillside Corporation and Resolution 738, I move for its adoption and that will be the Condition C for the final subdivision approval with all the pertinent changes contained in the recommendation by the Department. SIRACUSA: Second. 11 WATANABE: Okay, so this is forward a favorable recommendation to the County Council, yeah? DOMINGO: Yes. WATANABE: Okay, we have a motion that is live. Do we need any further discussion on this? RHO: Yes. WATANABE: Yes, Mr. Rho. RHO: I'll be very brief. I have no issue with Hilo Hillside LLC whatsoever. My issue is with whoever agreed to those two figures of $175,000 and the $60,000. And my personal feeling is that if this goes through they'll figure out who's to pay and, you know, that kind of stuff, whether it's Helco that has to pay or unfortunately they have to pay. But that still doesn't get rid of this feeling like, well, why me as a Commission approve these conditions and then have somebody, whoever somebody is, change the condition and then come to us with a condition already agreed to basically. It doesn't make any sense to me. And I'm not here or I don't want to say that I want to hold this up just for that point. But I think that point is a key point. And if I can actually read this thing, and I didn't, I read this thing really like on the fly. After lunch I sat down, looked at this thing again, and spotted that. And in the discussion somebody else looked at that. Yesterday they had a discussion and yesterday they sent the applicant scurrying around for an answer. I mean I don't know what the solution is but at this point I'm willing, this is like biting my nose in spite of myself, but I would be willing to eliminate the $175,000 and the $60,000 because of their good graces for trying to do a development reportedly, he's reporting, that's going to help people in Hawaii. Can't reduce the $5,000 for infrastructure or whatever, the $5,099, and whatever cents, you can't reduce that. Reduce the $175,000 and the $60,000. That's pennies. WATANABE: Okay, I think I can appreciate where you're coming from here. You're concerned about the principal of it, not so much the money, yeah? RHO: It's not the money, it's not Hillside. It's the way this thing is being done. It has nothing to do with Hillside, probably has nothing to do with Helco either. But don't ask me to come to these meetings, pass this recommendation and then somebody some place a year from now changes it. They could have come in 1995 here to ask the Commission to change it; and yes we're talking pennies. So it's the principal of it and not the money. So can I make an amendment or suggest an amendment? WATANABE: You have to ask the maker of the motion, yeah, if it would be considered a friendly amendment, yeah. TORIGOE: Or move to amend. WATANABE: Or move to amend 12 RHO: Okay, I move to amend the motion to strike Condition E completely and then realphabetize the rest. So F would become E, G would become F, and so on. WATANABE: Do we have a second to that? WOODWARD: It doesn't have to be acted upon by a person that made the original motion? WATANABE: No. WOODWARD: No. Okay, well, I'll second it. WATANABE: Okay, so the motion has now been amended TORIGOE: There's a motion to amend. WATANABE: Oh, there's a motion to amend. WOODWARD: We've got to vote on that. WATANABE: Yeah, yeah, excuse me. DOMINGO: A discussion on the motion? WATANABE: On the amendment? DOMINGO: Yes, on the motion to amend the main motion. WATANABE: Okay, right. DOMINGO: You know, apparently the Planning Director is totally aware of this. And when you speak of initiating any kind of assessment in the form of monies, and as indicated, there certainly should be a nexus and a connection with the amount of money we're assessing a developer and the reasons for it and if it is in fact an appropriate one, which would be with the development occurring, with the development. And, you know, this time I give the Planning Director a lot of credence and respect for him inserting this in the amendment; and this might be probably rare because I often times have been at odds with his actions and recommendations. But I totally support his recommendation to the ordinance, that's why I will not vote for the amendment. WATANABE: Any further comments or discussion on the proposal to amend? SIRACUSA: As the seconder of the original motion I can see where, you know, during this time that this developer has been held up because of all the negotiations regarding the condemnation and everything, so prices for everything have gone up in the last ten years. And I can see where that could pose a considerable hardship. So I would really, I have nothing terribly for or against the motion to amend. But I would like to hear Director Yuen's feelings about that before I decide. 13 WATANABE: Okay. YUEN: Well, it is, I'd prefer it the way it is. The condition, it is still part of the tentative subdivision approval that these payments be made. And if we're getting into, it's really a complicated question as to what, if you'll note there are several different things that happened as a result of Mohouli and Puainako being built by the County. If you'll notice there's another thing we struck out, which was that in H. This gets a little complicated, but one of the things that, one of the conditions of the original ordinance was that they build the section of Mohouli Street from Kukuau Street. I think you need to go back to the, can you show the section of Mohouli Street from Kukuau Street to the boundary of what's call the DARROW: Here? YUEN: No, Mohouli Street. Okay, you see that short section of Mohouli Street? Let's see, it says there, in the event If you look at Condition H, what it says is that they were supposed to build that section of Mohouli Street, but only if the section from there to Ainako Avenue which is off the map was built by the Ponahawai golf course, which was a planned development at that time; and if that didn't happen they were supposed to pay $300,000. Well, in the meantime Mohouli Street got built by the County so the whole thing is moot. So we struck out the whole, you know, thing about paying $300,000 on that. And if I'm not mistaken that was not paid, right? Mr. Lee, do you know anything about paying $300,000? LEE: No. That was another shock when your office called me on that. YUEN: Yeah, but, you know, it's a moot. We just struck that out because the County built Mohouli Street. Well, they were fortunate in that aspect; and then they never had to pay that $300,000. So it gets to be this very complicated picture as to what is really fair in terms of what happened here. But at any rate simply because there was this agreement to pay these sums and the fact that the tentative subdivision approval has it as a condition, we would like to, as we said, to strike out the requirements for the specific improvements that had to be made, but require the payment that was agreed upon. WATANABE: Okay, thank you. Mr. Rho. RHO: If that $300,000 was changed to $150,000 I would have a question about it. Circumstances have changed over the last however many years, ten years, that's just a guess. So I can see H, and the reason for H, and the deletion for H. I mean I have no problem with that. You're bringing this back to the Commission and you're asking that it be struck, those lined out lines, and in its place you want to include no lots have direct access to Puainako Street. That's fine. That's not a problem. I don't see that as a problem at all. But in the other case somebody made a decision without the Commission's blessing. Now how is that possible? I need an explanation for that. And I'm not going to get it if I sit here and vote to allow this development's extension or the amendment to whatever condition they're asking for. And, again, it's not a personal thing against Hillside. So to make the point, I'm asking that you delete the $175,000 and delete the $60,000. If it's already paid, it's paid. We can't do anything about it. But if it isn't paid, Hillside wouldn't have to pay it. The County is so rich that we can make these kinds of agreements and then after the fact come to the Commission and ask that the Commission 14 rubberstamp this. I think, I'm hoping that you got my message. So that amendment is like a last resort effort to get a clear explanation. You know what I also really want to know is how much is it going to cost today to put in that traffic light and whatever else was going to be paid for by that $175,000 and that $60,000 in today's cost. But we don't have anybody to ask that of. WATANABE: Okay, any further discussion on the motion to amend the main motion? Okay, Mr. Darrow, can I ask the question then, this would be on the motion to amend, right? DARROW: I believe that would be the process. If we could consult with our attorney. So we'll be dealing with the motion to amend the previous, the original motion of approval to delete Condition E and realphabetize the remaining conditions. Is that correct? TORIGOE: Yes. WATANABE: Right. DARROW: With that, I'll take the roll call. Commissioner Rho? RHO: Aye. DARROW: Commissioner Woodward? WOODWARD: Aye. DARROW: Commissioner Domingo? DOMINGO: No. DARROW: Commissioner Ogata? OGATA: Aye. DARROW: Commissioner Siracusa? SIRACUSA: Aye. DARROW: And Mr. Chairman? WATANABE: I don't want to delay this any fixrther. Aye. DARROW: The motion passes to amend the original motion five to one. Now we need to WATANABE: I'm sorry, otherwise we'll just DARROW: Now we need to do the original motion, is this correct? 15 WATANABE: Yes. Okay, so now we have an amended motion which would state exactly, I guess, what we voted on just to amend two. Do we want to have any discussion on that? DOMINGO: Will you state the motion, state the motion. WATANABE: The new motion is to forward a favorable recommendation to the County Council to approve the time extension with all of the changes that are proposed by the Planning Director, except that we would eliminate Condition E which has been now reduced, was proposed to be reduced to just include the amounts that were in lieu and agreed upon during 1995 and realphabetize from Condition F to the end. So in essence it's the same motion that you had proposed earlier without Condition E. DOMINGO: Thank you, Mr. Chairman. May I? WATANABE: Sure. DOMINGO: You know, this condition was supposed to address a very important matter in regards to the planning and design of the installation of traffic lights. Now if we take this out and the project does go forward, who's going to build the lights to ensure the safety for those who travel there? Nobody would do that. WATANABE: I think that the point, Mr. Domingo, was that previously access would have been to, what was the name of the road, Kukuau Street, and that's where the proposed traffic light was supposed to be installed. Now that the extension on Puainako has been built, access will not be gained through Kukuau. So there is no need for that particular traffic light. There's a bit of confusion because the $175,000 as well as the $60,000 that was mentioned in Condition E was in a separate agreement that, as I understand it, was a preliminary subdivision agreement and not documented in this. Whereas Mr. Rho had no problem with what was Condition H and removing the $300,000, as well as all of the entire, pretty much the entire condition, yeah. So that's where the confusion came in. DOMINGO: So for all intents and purpose then originally before we even consider this bill this amount shouldn't have been in there because we do not have any need for it, in essence? WATANABE: We're not going to, some day for some other reason they may signalize that intersection. But it won't be because of any effect that this proposed subdivision will have on traffic there. So from an impact standpoint it has now been determined that the access has been changed and so there is no impact to the Kukuau intersection. DOMINGO: You know, I beg to differ with that. Because as we look at development per se and with the Mohouli and Puainako being built then certainly the concentration and the direction of development certainly will take place there. And the cumulative effect, and perhaps not because of this development, there will be a need for additional safety measures in that particular area. What we're doing here, what we plan to do here is take the money away intended for the purpose to address safety with regards to the traffic. We're taking away the money and then later on the County will assume the burden of finding the money to ensure that there's safety in that particular area. And it's not only because of this development because 16 we're looking at the cumulative development that's taking place and the additional development to happen there. You know, certainly there will be a need for the safety measures. So that's why I take a very serious position on this. And I certainly know that because when the Council at that time approved this measure they were concerned about the safety of the traffic out there because the developments were going in that particular direction. So, you know, to that I just say I will not vote for this motion. WOODWARD: Mr. Chairman? WATANABE: Mr. Woodward. WOODWARD: If I might address that issue. If you look at Section I which talks about the fair share contributions, each of their 140 proposed lots is going to have to pay essentially $5,000 to support road and traffic improvements. So in a sense if you say, well, the $175,000 and $60,000 were for traffic improvements and then we're billing each lot $5,000, that sounds a little like double dipping to me. WATANABE: That's on page 6, Mr. Domingo. Okay, do we have any further comments on this? Yes. SIRACUSA: Well, I was going to say exactly what Commissioner Woodward said; and he took the words right out of my mouth. WOODWARD: Sorry, I'll put it back. SIRACUSA: No problem. WATANABE: Mr. Rho. RHO: I agree with what was just said by all three Commissioners. And Commissioner Domingo's comments are right on target. But I really want to emphasize to him as well as the rest of the Commissioners that my reasoning or my thinking behind making the amendment to the motion which passed was to point out this discrepancy between what the Commission does and what it's responsible for or not responsible for. And I haven't heard yet in the last hour, I don't know how long we've been on this thing, I haven't heard yet anybody say, well, let me explain how this actually works. Like I guess I want to be told you come to this meeting, you make the decision, but we can change it along the way. I don't think they're going to say that to us, but they might. And that point I think will be driven home unfortunately to the expense of Mr. Domingo's concerns which is traffic and safety. That, I mean, it hit home, his comments hit home for me. But I think the more important issue at this point in time is how we make decisions or not make decisions. WATANABE: Okay. WATANABE: How about the roll call? DARROW: Okay, the motion before us is to approve, the original motion was to approve as recommended by the Planning Director with the motion to amend the motion. The 17 motion is now an amended motion, including the deletion of Condition E. So this is for approval with the deletion of Condition E and realphabetizing all remaining conditions. With that I'll take the roll. Commissioner Domingo? DOMINGO: No. DARROW: Commissioner Siracusa? SIRACUSA: Aye. DARROW: Commissioner Ogata? OGATA: Aye. DARROW: Commissioner Rho? RHO: Aye. DARROW: Commissioner Woodward? WOODWARD: Aye. DARROW: And Mr. Chairman? WATANABE: Aye. DARROW: The motion passes five to one. WATANABE: Okay, so you got a little more than you expected, yeah, or at least so far. Remember it's just a recommendation. LEE: Yes, but thank you very much. WATANABE: Okay, you'll receive word of the decision in writing. The discussion ended at 3:02 p.m. Respectfully submitted, yNr\ _ VLrw, w Sharon M. Nomura, Secretary 18