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Home My WebLink AboutCOM 0705.000 2002-2004 OJatY? Nq~9i Harry Kim Christopher J. Yuen Mayor Dirrclnr ,lE OF~N~` Roy R. Takemoto Deyury Dirccror (nnu~Tfg of ~ttfnrxti PLANNING DEPARTMENT l01 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 (808)961-8288 Fax(808)961-8742 July 20, 2004 _Y Mr. Roger C. Rule r._ LLC Member O ~ - Regency at Hualalai ti 77-6461 Kilohana Street ~ ' Kailua-Kona, HI 96740 Y' Dear Mr. Rule: rv Compliance of Condition N -Fair Share Contribution Change of Zone Ordinance No. 98 70 (REZ 890) Applicant: Regency Pacific, Inc. TMK: 7-5-10:15. North Kona This is a follow up to our June 1, 2004 letter (enclosed) informing you of the fair share contribution obligations. We would appreciate remittance of payment in the amount of $52,629.42 that is due to the County. As previously indicated, the fair share contribution is a requirement under Condition N of Ordinance No. 98 70, adopted by the County Council. Hawai 'i County is mi epual opportunity provider and employer. Cpn'Iri1. NO.~ _ Ref. To: II 11 9 QQ~ Raf. Date Mr. Roger C. Rule Page 2 July 20, 2004 Should you have any questions, please feel free to contact Alice Kawaha or Susan Gagorik of this department at 961-8288. Sincerely', ~ r' CH TOPHER J. I'i1EN Planning Director AK:cd p:\wpwin60\alicewin\LREZ890RegencyPacFS2 Enclosure cc: Ms. Tamara Sarroza County Council Planning Department -Kona Office Long Range Division, Alice Kawaha 4p'?. gQ~~4. Harry Kim f~• ' Christopher J..uen ,uoy~. ~ Direcrm Y)• ~ y o r~ 9tF°DF•N~i+ Roy R. Takemoto Deputy Direcmr Cn~lxxr~~r t~~- ~cfuttii PLANNING DIEPARTMEN3' 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720-3043 (808)961-8288 Fax(8081961-874'2 June 1, 2004 Mr. Roger C. Rule LLC Member Regency at Hualalai 77-6461 ICilohana Street Kailua-Kona, HI 96740 Dear Mr. Rule: Compliance of Condition N -Fair Share Contribution Change of Zone Ordinance No. 98 70 (REZ 890) Applicant: Regency Pacific, Inc. TMK: 7-5-10:15, North Kona This is to inform you that we have reviewed the above-referenced ordinance and respective files and find that Condition N relating to payment toward the fair share contributions has not been complied with. Condition N of Ordinance No. 98 70 states, in part, the following: "The applicant shall make its fair share contribution to mitigate the potential regional impacts of the subject property with respect to roads, parks and recreation, fire, police and solid waste disposal facilities. The amount of the fair share contribution shall be the sum which is the product of multiplying the number ofmultiple-family residential units proposed by the amounts allocated hereinbelow for each such unit, and shall become due and payable prior to final subdivision approval for any portion of the subject property or its increments. If the subject property is subdivided in two or more increments, the amount of the fair share contribution due and payable prior to final subdivision approval of each increment shall be a sum calculated in the same manner according to the number of proposed residential lots in each such increment. The fair share contribution in a form of cash, land, facilities or any combination thereof, acceptable to the director in consultation with the affected agencies, shall he determined by the Ha>vai`i Courzty Is an Equal Opporkeniry F,mployer ar~d PrDVirier Mr. Roger C. Rule LLC Member Regency at Hualalai Page 2 June 1, 2004 County Council. The fair share contribution shall have a maximum combined value of $4,645.29 per multiple-family residential unit." Condition N further states the following: "The fair share contributions described above shall be adjusted annually beginning three years after the effective date of the change of zone, based on the percentage change in the Honolulu Consumer Price Index (HCPI). In lieu of paying the fair share contribution, the applicant may construct and contribute land, 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 approval of the director..." "If the assisted living facility is constructed, there will be minimal impact on road and park improvements when compared with the 47 single family homes which could be constructed under the current RD-3.75 zoning. In recognition of this and the public interest in providing assisted living facilities, the fair share contribution for roads and parks shall not apply, and the remaining fair share contributions shall be imposed." The effective date of Ordinance No. 98 70 is July 2, 1998. Thus, the 3-year adjusted amount began from July 2001. We have enclosed a copy of Ordinance No. 98 70 for your reference. On December 14, 1998, the Planning Director granted Final Plan Approval for the development of 129 units for the assisted living facility. The Department of Public Works, Building Division issued Building Permit No. 991359 on November 15, 1999 for the 129-unit senior living facility. By your June 13, 2000 letter (enclosed), you stated that Condition N "will be settled when the credit portion of the off site improvements is finalized." Further, in response to your June 19, 2001 letter, we informed you by our July 18, 2001 letter (enclosed) that because the assisted living facility was constructed, you were relieved of the fair share contribution requirements for the parks and recreation facilities, and roads and traffic improvements. However, a total of $50,887.92 for the fair share contributions toward police, fire and solid waste facilities was due and payable prior to securing a Certificate of Occupancy for any portion of the development. A Certificate of Occupancy for the facility was issued on October 15, 2001 and to date we have not received any payment. The applicart and/or landowner has the responsibility to assure that it is in compliance with Condition N as well as the rest of the conditions required in Ordinance No. 98 70. ilrw,,:'i S:ounf,~ is rr. ~glenl fJp~porheteiPS E;vp[nyer tries! Ywovlafer Mr. Roger C. Rule LLC Member Regency at Hualalai Page 3 June 1, 2004 As mentioned earlier, the fair share contributions shall be adjusted annually beginning three years after the effective date of the change of zone, based on the adjustment change in the Honolulu Consumer Price Index (HOPI). Ordinance No. 98 70 became effective on July 2, 1998. The first line of the following table shows the amount for each fair share contribution per multiple family residential unit in accordance with said ordinance. The second line shows the calculations of the first line dollar figure multiplied by the HCPI adjustment of 1.0342 to get the adjusted dollar amount due per multiple family residential unit. (This is the ratio of the HCPI at the end of 2003 to the HCPI at the end of 2001.) Year Honolulu CPI Police Fire Solid Waste TOTAL. 1998 $72.42 $222.77 $99.29 $394.48 1.0342 $74.90 $230.39 $102.69 $407.98 Based on the above adjusted figures multiplied by the 129 multiple family residential units, the following fair share contributions are due: Police 129 x $ 74.90 = $ 9,662.10 Fire 129 x $230.39 = 29,720.31 Solid Waste 129 x $ 102.69 = 13,247.01 TOTAL FAIR SHARE DUE $ 52,629.42 Please remit the past due amount of $52,629.42 for the fair share contributions to this office as soon as possible. Should you have any questions, please feel free to contact Alice Kawaha of this department at 961-8288. Sincerelx; "'i I CHRISTOPHER J.ifYUEN Planning Director ' AK:pak p Awpwm601alieewinALREZ890RegencyPacFS-doc Enclosures iiiiivri'i i-;..rn~y is a.. ?rj..ai Op~:rrir:riry ~•nri~yU' nr!r%i'a•ovirier Mr. Roger C. Rule LLC Member Regency at Hualalai Page 4 June 1, 2004 xc: Regency Pacific, Inc. 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