HomeMy WebLinkAboutCOM 0100.002 2004-2006 Pete Hoffmann ,,.p,q.,,~ K Angel Pllago
Councilmember ~~~G ~ ~j~; Couneilmember
Dis(rict 9 -.North and Snufh Kohala District 8 -North Kona
Phone No.: (808) 887-2043 Phone No.: (808) 327-3642
J
Fax No.: (808) 887-2072 •n;;~.~.w'yi: Fax No.: (808) 329-4786
E-Mail: poffmann@co.hawaii.hi.us E-Mail: kapilago@co.hawaii.hi.us
HAWAII COUNTY COUNCIL
County of Hawai 'i
April 19, 2005
TO: Stacy K. Higa, Chair, and Council Members
FROM: Pete Hoffman, Co-Chairtrt'an
Committee on Planning
K. Angel Pilago, Co-Chairman
Committee on Planning
RE: Proposed Bill No. 367, Draft 3 -Kona Hale Ali`i
Attached for your favorable consideration is proposed Bill 367, Draft 3, with the following
amendments per discussion with Sidney Fuke, Planning Consultant:
"1. Amend Condition J.
J. An Archaeological Preservation and Burial Treatment Plan shall be submitted for
the review and approval [F~-''~° of the Planning Director, in
consultation with the Department of Land and Natural Resources -State Historic
Preservation Division (DLNR-SHPD). The Preservation Plan shall incorporate
approyriate mitigation measures resulting from the impact of any fence and/or
wall constructed along the boundaries of the subject site subject to the
archaeological and cultural features of the adioinin~ properties identified by
I'MK: 7-5-9:55 and portion of 54. Proposed mitigation treatment for the burial
sites within the subject property shall be approved by the SHPD's Hawaii Island
Burial Council before detailed mitigation plans are finalized for these sites. A
copy of the approved Final Archaeological Preservation and Burial Treatment
Plan shall be submitted to the Planning Director for its files prior to submitting
plans for Final Plan Approval review or prior to the issuance of any land
alteration permits, whichever occurs first. Appropriate interim preservation
buffers and measures acceptable to the Planning Director shall be installed
between any historic sites in the zoned areas before any land disturbance occurs
on the property. A separate Preservation Plan for that portion of TMK: 7-5-9:54
that is zoned A-la shall be submitted to SHPD prior to any mechanical
disturbance or issuance of any land disturbance permit of that area.
( ~~.Q 3fe7~ rte. 3 ~ Comm. No. IOO • Z
Ref. Topf°S6
Rif. Uate
Hawaii County /s An Equal Opportunity Provider And Employer
April 19, 2005
Page 2
2. Add new Condition L.
L. The applicant shall identify an entity that would be responsible for the
management and care of the azchaeological/cultural features on that portion of
fMK• 7-5-09:54 that is not covered by this ordinance. Prior to its designation, the
~licant shall solicit the input of the native Hawaiian community and the County
Council. Within 60 days of the identification of this entity, this azea, with the
concurrence of the County Council, shall be conveyed via lease or fee to the
identified entity for $1.00.
3. Add new Condition M.
M. The applicant shall prepaze and submit a landscaping plan for the subject site in
coniunetion with the Plan Approval process. Said plan shall reflect, where
feasible the use of indigenous and water-conserving plants and comply with the
guidelines outlined in Planning Department Rule No. 17 relating to landscaping,
4. Re-letter existing Condition L to N.
5. Re-letter Condition M to O and amend
[~4 j O. To ensure that the Goals and Policies of the Housing Element of the General
Plan are implemented, the applicant shall comply with the requirements of
Chapter 11, Article 1, Hawaii County Code relating to Affordable Housing
Policy. This requirement [ w° ^ r'^^^'° ^ "°"'7
. c:.,^i ni^., n...,..,,.,,i~ shall apply to, as represented by the
~licant 40% of all residential units in excess of the entitled eight~(80) units
on TMK: 7-5-9:67.
6. Add New Condition P
P. The proiect shall be developed in a minimum of two phases The first phase shall
consist of no more than forty-five (45) units, which shall include all of the
required affordable housing units approved in accordance with Condition O
above Final occupancypermit for the first phase shall be issued no eazlier than
June 30 2006 which is the scheduled completion of the on-going Kuakini
HiKhway improvements Occupancy permit for the remaining units shall be
issued only upon completion of the aforementioned Highwa~provements.
7. Re-letter Condition N to Q
8. Re-letter Condition O to R and amend
R. The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the subject project with respect to parks and recreation,
fire, police and solid waste disposal facilities and roads. The amount of the
fair share contribution shall be the sum which is the product of multiplying the
number of additional multiple family residential units proposed to be
developed by the amounts allocated herein below for each such unit, and shall
April 19, 2005
Page 3
become with the exception of the parks and recreation fees, due and payable
prior to the issuance of the Certificate of Occupancy for any unit on the
subject property. The park and recreation fees shall be due and payable prior
to the issuance of a building_permit. 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 be determined by the County
Council. The fair share contribution shall have a maximum combined value
of $6,206.06 per multiple-family residential unit. Based upon the applicant's
representation of intent to develop a total of twelve (12) additional multiple-
family residential units, the indicated total of fair share contribution is
$74,472.72 for the additional multiple-family residential units. however, the
total amount shall be increased or reduced in proportion with the actual
number of units according to the calculation and payment provisions set forth
in this condition. The fair share contribution shall be allocated as follows:
1. $3,061.27 per multiple family residential unit for an indicated total of~
$36,735.24 to the County or, if the County Council so agrees, directly
to the entity so designated under condition L to the further the
objectives of condition L and to support park, cultural, and recreational
improvements and facilities,..."
9. Re-letter Conditions P, Q, and R to S, T, and U.
10. Parcel "A" now correctly reads 169,792 sq. ft. instead of 169,762 sq. ft. on the attached
map.
Att.
PH/KAP/scm