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HomeMy WebLinkAboutCOM 0400.012 2002-2004 NZV Oi /4 `d1. Harry Kim Christopher J. Yuen Maynr Director C ~f~ii OI~Ni~' Roy R. Takemoto DePUrv Directrrr ~II1I11~}~1 II~ ~2i~2Iti PLANNING DEPARTMENT l01 Pauahi Street, Suite 3 Hilo, Hawaii 967203043 (808)961-8288 Fax(808)961-8742 December 16, 2003 0 t7 w 0 Cn n Honorable James Y. Arakaki, Chair z=r and Members of the County Council COUNTY COUNCIL ~ 25 Aupuni Street Hilo, HI 96720 ~ C~ o _ U1 Dear Chair Arakaki and Members of the County Council: SUBJECT: BILL 178, O'OMA PROJECT DISTRICT ZONING The Council Planning Committee asked the Department to assist in rewriting the fair share condition for this ordinance, unfortunately, I was unable to get to it before a draft bill was prepared for first reading. We suggest that Condition MM be rewritten as follows (this draft is Ramseyered from that in the latest draft of the bill): MM. The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject property with respect to parks and recreation, fire, police, solid waste disposal facilities and roads. The amount of 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 or unit counts are adjusted. The amount of the fair share contribution for each lot or unit shall be based on a maximum density for each lot or unit as determined by the zoning resulting from this change of zone. The fair share contribution shall become due and payable incrementally as the proposed development is built out. Payment for the multifamily and hotel units shall be prior to the issuance of a building permit for any building. The fair share Comm. No. ~ O O . ~ 2-- Ref. To: ~rssedsd covNL'~rL Ref. Date, 203 Honorable James Y. Arakaki, Chair and Members of the County Council COUNTY COUNCIL Page 2 December 16, 2003 contribution in a form of cash, land, facilities or any combination thereof shall be determined by the County Council. The fair share contribution may be adjusted annually beginning three years after the effective date of this ordinance, based upon the percentage change in the Honolulu Consumer Price Index (HCPI). 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 Hawaii County Council. [Any contributions required by this ordinance that exceed the fair share requirement of this proposed development shall, at the applicant's request be credited towards any of the applicant's future developments that require infrastructural impact contributions.] The fair share contributions shall have a maximum combined value of $6,078.25 per multi-family unit and $10,479.31 per hotel unit. Fair share contributions shall be allocated as follows: Remainder of MM remains the same. The sentence that is taken out re the excess contributions being credited against the developer's other projects is not a standard condition and was included in our draft that went through the Planning Commission in error. It is more appropriate when the rezoning ordinance requires substantial improvements over and above that necessary for the rezoning in question. In this case, all of the specific infrastructure requirements are necessary for this project. Sincerey'~I i CHt/RI/ST~OPHER J. Y EN Planning Director CJY:pak Wpwin60/Chris/Council -Bill 178, O'oma Project District Zoning