2007-07-20 TSamson - Laserfiche WebLink

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LIM:The Kona Hale Alii Change of Zone Ord. 05-74 is across the street. YUEN:Oh, 05-74. LIM:That’s correct. YUEN:Norman, do you know if they have any kind of condition on road widening? LIM:They have a similar condition, “Applicant shall realign and provide full improvements to the entire frontage along Hualalai Road consisting of but not limited to right-of- way and pavement widening with concrete curb, gutter and sidewalk,” etc., etc., “The widening area to be dedicated to the County shall, if required by DPW, allow for realignment and improvements required by Ord. 95-118 or successor ordinance,” which is one of the ones that we’re talking abut here, “The required widening area shall not exceed the equivalent of a 5-foot width along the entire frontage which is approximately ½ the difference between the existing right-of-way width and 60 feet.” So it’s pretty much a mirror of what we have to do; I just wanted to make it clear that if they don’t proceed and do their half that we don’t have to do the whole Hualalai Road widening. YUEN:I would disagree. The Hualalai Road needs to be improved to serve projects of the density such as being proposed here; and so I would keep it in as a condition. If both developments proceed we should have some kind of allocation to the two of them. But certainly absent any agreement to this by the DPW I wouldn’t recommend that the Department -. The Department’s recommendation is not to accept the change. Okay, then going to Condition P, the last sentence, “Any and all past fair share contributions made for the proposed project shall be credited,” did you have anything in mind beyond the parks fee? LIM:No. YUEN:Okay. Just to make a comment for the Commission and the applicant to explain my position on the crediting of improvements by the developer against the fair share assessments, or the in-lieu credits. It has been my position that in-lieu credits should be limited to improvements made by the developer, which have a benefit to the general public and are not strictly necessary for the project in question. I would not recommend this as stated because, to give just one example, I would not credit the left-turn storage lane into the property. That’s an improvement that’s necessary for the safety of people turning into the project. If you didn’t have the project you wouldn’t need a left-turn lane there, is the way I would put it. Generally, widening a road, straightening out curves, that sort of improvements which benefits people traveling on Hualalai Road in general would qualify. I’m really not prepared, without really looking at the plans, to be able to spell out what would qualify. So, again, as I say, I would not agree to the statement here as worded by the applicant. WATANABE:Any further questions for the applicant? No further questions? Oh, excuse me. Commissioner Salavea? EXHIBIT B 10