HomeMy WebLinkAboutCOM 0106.037 2004-2006 SidneyFuke, Planning Consultant
100 Pauahi Street, Suite 212 • Hilo, Hawaii 96720 • Planning • Variance • Zoning
• Subtlrvi5i0n • Lantl Use Perm As
Telephone: (808) 969-1522 • Fax (808) 969-7996
May 2, 200$ • Fnvironmemal eeports
Honorable K. Angel Pilago, Co-Chair RELttvcii
Honorable Pete Hoffman, Co-Chair ~,,,m a~_~?. ey__~
Planning Committee t7a+. s_
HAWAII COUNTY COUNCIL County Coundl
2$ Aupuni Street
Hilo, HI 96720
Deaz Councilpersons Pilago and Hoffinan:
SubjeM: Bill Nos. 29 - 32 -Suffolk Investment, LLC and
Puaa Development, LLC
At the April 12 public hearing on the subject matter, the substance of the public
testimony was somewhat mixed. While there is a cleaz and present need for affordable
housing, the traffic infrastructure and concurrency issue still looms heavily on the minds
of many, including public decision-makers like yourselves. Accordingly, I would like to
use this opportunity to summarize and address the issues raised at this hearing.
1. Affordable Housin¢
During the course of the public hearing, Suffolk Investment, LLC, through its
representatives, stated that it would develop a 2$0-unit rental housing project on
its property. This project would be an affordable and not necessarily a market
rental project. To that end, the Suffolk Investment LLC has committed to:
a. developing a project that will have a structural scale (2 stories) with
amenities (such as a passive park, pedestrian paths) that will foster a sense
of community. The project would consist of 1, 2, and 3 bedrooms units;
b. tazgeting this entire project to those individuals and/or families with less
than 120% of the median income, with a minimum of twenty (20) percent
being directed at the 80% or less than median income group; and
c. retaining this rental program for a minimum of 20 years.
At the same time, Puaa Development, LLC, instead of developing its entire
property into a neighborhood commercial village, has committed to scaling back
its plans and provide up to 100 multiple-faznily residential units on its property.
Of these 100 units, 20% would meet the County's affordable housing guidelines.
It would also not utilize any of its $1 affordable housing credits here.
It should be noted that Suffolk's rental housing project and Puaa's 20% affordable
units will be subject to the controls imposed by the County Housing Agency and
Comm. No._ ~ ~ 3
Ref. To: L
Ref, Cate
Honorable Councilpersons Pilago and Hoffman
May 2, 2005
Page 2
its administrative arm, Office of Housing and Community Development. These
should provide the needed control for price, length of obligation, and the like.
Because public representations do not always translate to reality, I have drafted
amendments to Bill Nos. 30 and 32 that would codify these representations for
your appropriate consideration. In so doing, the developer and/or successors in
interest would have to honor these representations.
2. Traffic Considerations
Traffic congestion in this region has been a gnawing and growing concern. Thus,
any development in this region will understandably be perceived as exacerbating
this concern.
While these projects cannot singulazly solve all of the traffic woes of this region,
it is maintained that they can make some measure of tangible improvements to a
sector of this region. In that regazd, I would like to note what these projects have
committed to providing:
a. the construction of a new mauka/makai road, complete with curbs, gutters,
and sidewalk (and a bike path, if acceptable by the County), through this
property that would connect Kuakini Highway with the Queen
Ka'ahumanu Highway. This roadway would also connect to Hualalai
Road through the Pualani Estates Subdivision. In so doing, this road
would provide amuch-needed connection between the mauka and makai
azeas of this portion of Kona;
b. aright-in; right-out lane at the south end of the property along Queen
Ka'ahumanu Highway;
c. relatedly, improvements to this new road's connection to Kuakini
Highway and the Queen Ka'ahumanu Highway would be made. These
would include completion of the fourth "leg" of a traffic lights and
channelized intersection at the Queen Ka'ahumanu Highway; left turn
lanes from Kuakini Highway into this new road; and pedestrian-activated
lights at the Kuakini Highway intersection;
d. a vehicular easement to the property to the north to foster
interconnectivity; and
e. its full support in working with the State Highways to develop a more
synchronized traffic signal pattern.
Honorable Councilpersons Pilago and Hoffman
May 2, 2005
Page 3
It should also be noted that although this section of the Queen Kaahumanu
Highway is only 21anes, the right-of--way is sufficient to accommodate four lanes.
In installing the last leg of this intersection, the developer would have to make
appropriate adjustments to its plans, meeting with the approval of the State
Department of Transportation, to accommodate this additional right-of--way.
3. Infrastructure Concurrencv
The developers have also committed that all of the improvements proposed in
item 2 above would be in place prior to the issuance of any occupancy for these
projects. This would also include the delaying any occupancy until the Pualani
Estates roadway connects to Hualalal Road. In so doing, the principle of
concurrency would be achieved.
We would also like to direct your attention to the testimony of the Kona Traffic
Safety Committee before the Planning Commission, dated Mazch 15, 2005. This
is your Communication No. 106.5. The Committee offered seven (7) suggestions,
most of which are already committed to by the applicants. The suggestions
relating to improvements to the Queen Ka'ahumanu Highway, Kuakini Highway,
and the new connector road (item numbers 2, 3, 5, and 6) are already committed
to by the applicants. The other suggestions (delaying projects until regional plans
aze in place and reducing the speed limit) are beyond the control of the applicants;
the remaining suggestion (creating a bikeway within the old Kallua-Keauhou
Road) is no longer operable, as that roadway no longer exists in this azea.
4. Other Infrastructure
Relative to potable water, these projects have already been assigned 510 water
commitments by the Department of Water Supply. In terms of wastewater, the
sewa¢e treatment plant at Kealakehe is adequate to accommodate the anticipated
flow from the project. If the transmission line servicing this project is inadequate,
the developer intends to make the necessary upgrade in accordance with the
requirements of the Department of Environmental Management.
It should also be noted that, if approved, the developer will be required to pay
over $1.5 million to support County park, police, fire, solid waste, and road and
traffic improvements.
It has also been noted that these projects will have an impact on school facilities.
However, since schools, like healthcare (hospitals), fall under the jurisdiction of
the State, no exaction has been required in the past at the County level.
Notwithstanding the above, if the County entertains a requirement that is fair and
equitable, the applicants would be willing to consider it.
Honorable Councilpersons Pilago and Hoffman
May 2, 2005
Page 4
5. Other Related Issues
Relative to azchaeolo¢ical considerations, there is a DLNR-approved
Archaeological Inventory Survey. The survey noted that none of the features on
the property contained any burials or other significant features requiring
preservation. The same survey did note, however, that there were burials and/or
other significant features on the adjoining properties that required preservation.
There was a question raised relative to the State Land Use Commission's
comments. In that regazd, I would appreciate your taking the following into
consideration:
a. First of all, neither of these applicants -Suffolk Investment, LLC
(hereinafter "SIL") and Puaa Development, LLC (hereinafter "PDL") -
had anything to do with the creation of the subject parcels. They acquired
their respective interest in the parcels after the properties were subdivided.
As such, there was no covert intent by these entities to create smaller
pazcels in an effort to by-pass the State Land Use Commission boundary
amendment process.
b. Additionally, these entities are two distinct entities. SIL is based in
Denver, Colorado, while PDL is based here in Hawaii. None of the
principals of these entities have any ownership interest in both entities.
Their business relationship extends only to the point of a common desire
to share the needed infrastructure cost for their respective projects, but to
accelerate the completion of a mauka/makai connector road between
Kuakini Highway and the extension of the Queen Ka'ahumanu Highway.
This roadway, when completed, would also address some regional
transportation needs.
Furthermore, neither of these entities is aware of a Pualani Makai master
planned community. Their projects were conceived with an eye towazds
addressing their perception of the community's commercial and rental
housing needs and implementing the County General Plan and not
necessarily any specific private master plan.
c. While it is true that the azchaeological report covered both and adjoining
properties - suggesting an application to cover the entire azea - neither of
these entities was aware of the former property owner's plans to develop
the entire property or to file a boundary amendment with the State LUC.
Furthermore, you might also want to note that the master plan consultants
for each of the projects were not the same.
Honorable Councilpersons Pilago and Hoffman
May 5, 2005
Page 5
d. Finally, not having these applications reviewed by the State LUC does not
at all suggest that the substantive and cumulative issues relating to these
projects will not be publicly addressed and considered. As part of the
County review process, the applications have been reviewed by relevant
County, State, and Federal agencies. Public hearings were conducted by
the Planning Commission and your committee. Additionally, the Council
will consider these applications at a minimum of three other meetings, all
of which allow for public and agency inputs. As such, there will and have
been ample opportunities for public and agency input before the Council
makes a final decision on these applications.
In summary, neither of these entities was involved in any attempt to create smaller
lots in an effort to by-pass the State LUC. They acquired their properties and
independently conceptualized their plans. Their collaboration extends only to the
point of sharing infrastructure costs (and consultants). Accordingly, they now
wish to avail themselves of a permitting process that is legal for properties
consisting of less than fifteen (15) acres. It is also a process where there will be
ample opportunity for public and agency input.
Accordingly, the applicants believe that the County does have the authority to
process these applications and that substantive and cumulative impact concerns
raised by the State LUC can be adequately addressed by the County.
In closing, I am enclosing a copy of proposed amendments for your consideration,
which codify representations of the applicants, representations, we believe that address
the issues of affordable housing, traffic infrastructure, and concurrency. Thank you very
much for your consideration on this matter.
Sincerely, r
//~..~~N, .1
SIDNEY . FUKE ,
Planning Consultant
Enclosures
Copy -All Councilmembers w/ enclosures
Puaa Development, LLC w/ enclosures
Suffolk Investment, LLC w/ enclosures
PROPOSED AMENDMENTS - PUAA DEVELOPMENT (Bill 32~
1. Conditions F. G and I:
Pursuant to the concurrency policy, these conditions would be amended by
requiring that certain roadway improvements, including completion of the
new mauka/makai road and the main spine road within the Pualani Estates
Subdivision to Hualalai Road, have to be completed prior to issuance of any
occupancy permit. Additionally, Condition I would be amended to include a
pedestrian activated crosswalk lights at the Kuakini Highway intersection.
Condition F:
"The applicant successors, or assigns shall improve the intersection at the
principal access on the Hawaii Belt Road at the north end of T.M.K. No. 7-
5-17:1, at the Pualani Estates Subdivision Road, including, but not limited
to, a deceleration and exclusive left-turn lane into T.M. K No 7-5-17: 1.
Intersection improvements shall be as required by the Department of
Transportation. The applicant shall pay for the cost of upgrading the traffic
signal lights at the intersection of the Hawaii Belt Road and the Pualani
Instates Subdivision Road to accommodate 4-way traffic. Said
improvements, plus the main spine road through the Pualani Estates
Subdivision to Hualalai Road. shall be completed prior to the issuance ofa
certificate of occupancy for non-residential structures or
final inspection of
any residential structures. "
Condition G:
"The applicant, successors, or assigns shall construct aright-turn
deceleration lane and aright-turn acceleration lane at the secondary
entrance located south of the main intersection meeting with the approval of
the State Department of Transportation, and any other improvements that
maybe required by the DOT. If DOT opposes the use of the second access
to the commercial development, all access shall be from the northern access
point. Otherwise, the southern access shall be limited to right-in, right-out
movements only. Said improvements shall be completed prior to the
issuance o a certificate of occupancy,fornon-residential structures or final
inspection o~y residential structures. "
i
Condition I:
"Access to Kuakini Highway, including the provision of adequate sight
distances, shall meet with the approval of the Department of Public Works.
An exclusive left turn lane and a right turn deceleration lane shall be
provided on Kuakini Highway at the Easement 1 access road approach. The
access shall align with the opposing entry to Kahakai Estates Subdivision.
Requirement improvements may include, but not be limited to, pavement and
shoulder widening, pedestrian activated cross walk lights, drainage
improvements and relocation of utilities. A system of drywells shall be
installed to address existing local drainage on the mauka side of Kuakini
Highway flowing to the proposed access approach. Said improvements
shall be completed prior to the issuance ofa certi tcate of occupanc~,~
non-residential structures or final inspection o~ v residential structures "
2. Condition J:
In the interest of connectivity, an easement to the property to the north of the
subject site is being required. A clarification, however, is needed as to the
terms and deadline of establishing this easement.
"The applicant, successors, or assigns shall provide an easement to the
property to the north (I'MK: 7-5-17: 2) to permit that property to access the
main project intersection. The easement shall have a minimum width of 60-
feet, and be in a location meeting with the approval of the Department of
Public Works. The designation of this easement and its terms shall be
established prior to the issuance ofa certificate of occupancy for non-
residential.struetures or final inspection ofany residential structures. "
3. Condition K:
This amendment is to clarify that the roadway referred to herein is the main
mauka/makai spine road through the project site; to introduce the concept of
a bike path within this road; and to require its dedication.
"The main spine mauka/makai road All roadways) within the proposed
development shall be improved to County dedicable standards with curbs,
gutter and sidewalk improvements and if accepted by the County, a bike
path, prior to issuance of a certificate of occupancy. The applicant shall
provide necessary easements for road and drainage improvements in favor
z
of T.M. K. No. 7-5-17: 19 so that the property can be developed
independently of T.M. K No. 7-5-17: 1. The applicant, its successors, or
assiens shall convey its interest in the easement and a[I improvements
therein to the County upon their completion. "
4. Condition M:
This is designed to clarify when the drainage improvements have to be
completed as well as the necessity of FEMA approval.
"A drainage study shall be prepared and submitted
for the review and
approval [toJ the Department of Public Works prior to the issuance of
Final Plan Approval. [The drainage study shall be submitted to Federal
Emergency Management Agency (FEMA) and a letter of map revision
(LOMR) or a Physical Map revision (PMR) shall be obtained before any
development, other than the work approved under the CLOMR.J I deemed
necessary by the Department of Public Works, the appropriate Federal
Emergenc~y Management AQenc~(FEMA) clearances and/or approvals shall
be .secured prior to issuance of any land disturbance permit ajecting the
area covered by the work within the "AE "zone or the corrected e,(fective
base,flood plain. The applicant shall construct all necessary drainage
improvements including theJlood channel prior to the issuance ofa
certi icate ofoccupancy for non-residential structures or mal inspection of
any residential structures. "
5. Condition O:
This is to clarify that this restriction does not prohibit non-habitable
structures or improvements, such as roadway, within the flood area, as well
as to make the covenants applicable only to any single-family residential lots
that may be created within the project area.
"[There shall be no construction of dwellings and related improvements or
other substantial buildings) No residential or commercial structures shall be
constructed within areas designated "AE" or "shaded" Zone "X" by Flood
Insurance Rate Maps (FIRM) as amended by any applicable LOMR.
Restrictive covenants in the deeds of all since family residential lots shall
give notice of the terms of this rezoning condition. No single-family
residential lots may be created which lack a buildable area. This restriction
may be removed by amendment of this ordinance by the County Council.
3
appropriate, a fAf copy of the proposed covenant(s) to be recorded with the
Bureau of Conveyances shall be submitted to the Planning Director, for
review and approval prior to the issuance of Final Subdivision Approval. A
copy of the recorded document shall be filed with the Planning Department
upon its receipt from the Bureau of Conveyances. "
6. Condition V:
A new connector road, which will serve a broader community, is being
required. As such, this amendment is designed to give partial impact fee
credit for the road improvements at Kuakini Highway and the lower portion
of the spine road, where they do not abut the subject property.
The following would be ended to the end of this condition:
"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 County Council. Improvements to
the drainage as it crosses under Kuakini Highway, the road improvements at
the Kuakini Highway intersection, and the mauka/makai spine road up to
entrance of the proposed rental housing project shall be credited against the
road fair share. "
4
PROPOSED AMENDMENTS -SUFFOLK INVESTMENT Bi1130~
1. Amend Conditions F, G and L•
Pursuant to the concun•ency policy, these conditions would be amended by
requiring that certain roadway improvements, including completion of the
new mauka/makai road and the main spine road within the Pualani Estates
Subdivision to Hualalai Road, have to be completed prior to issuance of any
occupancy permit. Additionally, Condition I would be amended to include a
pedestrian activated crosswalk lights at the Kuakini Highway intersection.
Condition F:
"The applicant, successors, or assigns shall improve the intersection at the
principal access on the Hawaii Belt Road at the north end of T.M.K. No. 7-
5-17:1, at the Pualani Estates Subdivision Road, including, but not limited
to, a deceleration and exclusive left-turn lane into T.M. K No 7-5-17: 1.
Intersection improvements shall be as required by the Department of
Transportation. The applicant shall pay for the cost of upgrading the traffic
signal lights at the intersection of the Hawaii Belt Road and the Pualani
Estates Subdivision Road to accommodate 4-way traffic. Said
improvements, plus the main spine road through the Pualani Estates
Subdivision to Hualalai Road, shall be completed prior to the issuance ofa
certificate ofoccupancY for non-residential structures or final inspection of
any residential structures. "
Condition G:
"The applicant, successors, or assigns shall construct aright-turn
deceleration lane and aright-turn acceleration lane at the secondary
entrance located south of the main intersection meeting with the approval of
the State Department of Transportation, and arry other improvements that
may be required by the DOT. If DOT opposes the use of the second access
to the commercial development, all access shall be from the northern access
point. Otherwise, the southern access shall be limited to right-in, right-out
movements only. Said improvements shall be completed prior to the
issuance of a certificate of occupancy for non-residential structures or~nal
inspection of any residential structures. "
i
Condition I:
"Access to Kuakini Highway, including the provision of adequate sight
distances, shall meet with the approval of the Department of Public Works.
An exclusive left turn lane and a right turn deceleration lane shall be
provided on Kuakini Highway at the Easement 1 access road approach. The
access shall align with the opposing entry to Kahakai Estates Subdivision.
Requirement improvements may include, but not be limited to, pavement and
shoulder widening, pedestrian activated cross walk lights, drainage
improvements and relocation of utilities. A system of drywells shall be
installed to address existing local drainage on the mauka side of Kuakini
Highway flowing to the proposed access approach. Said improvements
shall be completed prior to the issuance ofa certificate ofoccu~ancy,for
non-residential structures or final inspection ofany residential structures "
2. Add New Condition J:
This addition is designed to outline the standards for the new mauka/makai
road and to mandate its dedication to the County.
"The main spine mauka/makai road within the proposed development shall
be improved to County dedicable standards with curbs, gutter and sidewalk
improvements and if accepted by the County, a bike path, prior to issuance
of a certificate of occupancy. The applicant shall provide necessary
easements for road and drainage improvements in favor of T.M. K No. 7-5-
17: 1 so that the property can be developed independently of T.M. K. No. 7-
5-17: 19. The applicant, its successors, or assigns shall convey its interest
in the easement and all improvements therein to the County upon their
completion. "
3. Change Condition J to "K"
4. Add New Condition L:
Like Bill No. 32, this is designed to clarify when the drainage improvements
have to be completed as well as the necessity of FEMA approval.
"A drainage study shall be prepared and submitted for the review and
approval of the Department of Public Works prior to the issuance of Final
Plan Approval. If deemed necessary by the Department of Public Works, the
z
appropriate Federal Emergency Management Agency (FEMA) clearances
and/or approvals shall be secured prior to issuance of any land disturbance
permit affecting the area covered by the work within the "AE"zone or the
corrected effective base flood plain_ The applicant shall construct all
necessary drainage improvements including the flood channel prior to the
issuance of a certificate of occupancy for non-residential structures or final
inspection of any residential structures. "
5. Change Condition K to "M"
6. Amend Condition L to "N" with following changes:
This is to clarify that this restriction does not prohibit non-habitable
structures or improvements, such as roadway, within the flood area, as well
as to make the covenants applicable only to any single-family residential lots
that may be created within the project area.
"[There shall be no construction of dwellings and related improvements or
other substantial buildings] No residential or commercial structures shall be
constructed within areas designated "AE" or "shaded" Zone "X" by Flood
Insurance Rate Maps (FIRM) as amended by any applicable LOMR.
Restrictive covenants in the deeds of all single family residential lots shall
give notice of the terms of this rezoning condition. Nosingle-family
residential lots may be created which lack a buildable area. This restriction
may be removed by amendment of this ordinance by the County Council.
appropriate, a [AJ copy of the proposed covenant(s) to be recorded with the
Bureau of Conveyances shall be submitted to the Planning Director for
review and approval prior to the issuance of
Final Subdivision Approval. A
copy of the recorded document shall be filed with the Planning Department
upon its receipt from the Bureau of Conveyances. "
7. Change Conditions M through R to "O to T"
8. Amend Condition S to "U" with the following changes:
A new connector road, which will serve a broader community, is being
required. As such, this amendment is designed to give partial impact fee
credit for the road improvements at Kuakini Highway and the lower portion
of the spine road, where they do not abut the subject property.
3
"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 County Council. Improvements to
the drainage as it crosses under Kuakini Highway, the road improvements at
the Kuakini Highway intersection. and the mauka/makai spine road up to
entrance of the proposed rental housingproiect shall [may) be credited
against the road
fair share. "
9. Change Condition T to "V"
10. Change Condition U to "W" with the following changes:
This amendment is designed to require the project to target 20% or 50 of its
units to the 80% or less than median income level, with the remaining 80%
directed to those households with 120% or less than median income.
"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 the Chapter 11, Article I, Hawaii County Code relating to
Affordable Housing Policy. [This requirement) The affordable housing plan
shall be approved by the County Housing Agency prior to final subdivision
approval of
final plan approval, whichever occurs first. The housing
requirement shall be met by the provision of affordable housing onsite, and
not by use of any affordable housing credits generated offsite or by any in-
lieu fees. Further, as represented b ty
he applicant, a minimum oftwenty
(20) percent of the units will be rented at the 80% or less than median
income level and the remaining at the 120% or less than median income
Zevel. "
11. Change Conditions V to X to "X to Z"
a