HomeMy WebLinkAboutCOM 0699.001 2002-2004 „tr os N~
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AL KONISHI CONSTANCE R. KIRIU
County Clerk / egiv[a(ine Audimr
JAY MENDE r•y,
Depu(y County Clerk ~ o=~~
County of Hawai `i
Office of the County Clerk
25 Aupuni Street
Hilo, Hawaii 96720 r. -
Telephone: B08) 9(/-R2~5 Facsimile: (808) 9h1-8912
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July 28, 2004 -
MEMO TO: Leningrad Elarionoff, Chair
Committee on Planning, Hawaii County Council
FROM: Connie Kiriu, Legislative Auditor Cl~/ r
Office of the Legislative Auditor
Charmaine T. Doran, Legislative Assistant
Office of the Legislative Auditor C~
RE: Bill No. 300 -Westpro Development, Inc.
Per your request, we have reviewed the above bill for an ordinance and accompanying
communications. The following comments are submitted for your review and action:
Summary: Westpro Development, Inc. is proposing to construct an affordable housing project in
Ooma 1 s`, North Kona off of Kaiminani Drive and KaHahiaka Street. According to the
application, the pazcel is part of a 50-acre site currently in the process of subdivision. This
project called Lokahi Ka'u will be developed on a total of 10 acres of land and consist of 100
homes. All of the 100 homes aze proposed to be offered for rent or sale at prices considered
affordable pursuant to Hawaii County Code Chapter 11.
Conditions B, C & D -Relating to Water. The inclusion of these conditions detail and require
assurances and improvements specific to the Water Depaztment. As practice, such improvements
are normally addressed in a general condition that requires water improvements meet the
Department of Water Supply's standards and requirements prior to the issuance of Final
Subdivision Approval or Final Plan Approval. Whether these conditions represent a special
situation or aze a change in the Planning Departments internal drafting practices, is uncleaz.
Clarification of why each condition is required is necessary.
Conditions H & I -Relating to Roadway Improvements. The terms and improvements
outlined in both conditions are unclear and confusing. Clarification of what each condition
requires is necessary.
Hawa!'i County is an Egva[ Opporluniry Provider and Employer CORIrtI. NO.~f
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Ref. Tp: Pfe~atad
Ref. Date ~~7-3+~~'
July 28, 2004
Bi11300
Page 2
A map showing existing and proposed roads (with names) and tax map key numbers referred to in
the conditions would be most helpful.
Condition O -Relating to applicable laws & rules. The word "shall" is missing.
Condition P -Relating to fair share. We are unsure whether the assessment of Fair Shaze
contributions is appropriate on a 100% affordable housing project. The Council may want to
consider waiving the assessment if the project is completed as represented, i.e. 100% affordable.
However, if the Council retains the existing condition it will need to amend the language to
include the Council's standard proviso for approving in lieu forms of fair share contributions.
Condition Q -Relating to DOE Contributions. For consistency, we are recommending that
this condition be deleted.
Condition R -Relating to project residents and park usage. It is uncleaz if the park site
discussed in the condition is being developed as part of this project or is located off-site as part of
another project. In either case, if the pazk is to remain private, the Council may want to have
usage of this pazk incorporated into project covenants or individual property deeds.
Condition S -Relating to Housing. This condition mandates that, according to Hawaii County
Code Chapter 11, Article 1, 40% of the units in this project are to be offered for sale or rent at an
affordable price. Considering the applicant has represented that 100% of the project will be
affordable and, further that HCC, Chapter 11, Article 1, mandates only 10% of the project be
affordable, it is uncleaz why the 40% figure is being required. Further explanation from the
Planning Department appears necessary.
Periodically, condition language and content, aze changed without explanation. As a rule, when
this occurs, the Planning Commission or Department should highlight these items and explain on
why the change was implemented upon transmission to the Council.
Finally, Bill No. 300 was transmitted to the Council for approval inclusive of the fair share
contribution language and figures. We thank the Department for taking the necessary steps to
include this text before forwarding it to the Council.
If you have any questions regarding this request, please do not hesitate to contact us. 'Thank you
for the opportunity to comment on Bill No. 300.
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