HomeMy WebLinkAboutCOM 0106.045 2004-2006 PROPOSED AMENDMEN'T'S -SUFFOLK INVESTMENT (Bi1130)
1. Amend 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 Tights 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 shine road through the Pualani Estates
Subdivision to Hualalai Road. shall be completed prior to the issuance o~
certi icate ofoccuPancy for non-residential structures or final inspection of
a 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
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 ofa certificate ofoccupanc~ for non-residential structures or final
inspection o~y residential structures. "
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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 icate ofoccupancy,for
non-residential structures or final inspection ot'arey 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. Chance 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
andlor approvals shall be secured prior to issuance of any land disturbance
permit a,
f,~ecting 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 LOS.
Restrictive covenants in the deeds of ald singe 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.
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 f
ded with the Planning Department
upon its receipt from the Bureau of Conveyances. "
7. Change Conditions M through R to "O to T"
8. Add New Condition "IJ" (Bill No. 30)
Although public education, like health care, is a State function, the applicant
is prepared to set aside 5 acres of land for a school site within and/or
adjacent to the proposed rental housing project. In so doing, this project
would have most of the significant components of a small community -
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rental and fee simple housing that span all economic spectrums; commercial
village center; park; and a school site.
"As represented by the applicant, the applicant, successors, or assigns shall
dedicate or cause the dedication of Sacres of land within the subject site
and/or adjacent to the subject site identifiedT.M.K. 7-5-17: 23 for a school
site prior to issuance of issuance of a building permit for any residential
structures on the subject site. The land shall be conveyed in fee simple or
lease to either the State Department of
Education (DOE) or aDOE-certified
private or charter school.
9. Amend Condition S to "V" with the following chance
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.
Furthermore, although public education is a State function, the park area
associated with the school may also be used for public recreational purposes.
As such, appropriate credit for the land and improvements for the school and
playground within the dedicated area should be credited against the
recreational impact fee.
"In lieu ofpaying 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 HiQhwav intersection. and the mauka/makai spine road un to
entrance of the proposed rental housing project shall [mayJ be credited
against the road
fair share. Furthermore, the land
for the school and its
playQround area and an~mprovements thereon that were made by the
applicant shall be credited against the park and recreation fair share "
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9. Change Condition T to "W
10. Chance Condition U to "X" 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 1, Hawaii County Code relating to
Affordable Housing Policy. [This requirement) The affordable housingplan
shall be approved by the County Housing Agency prior to final subdivision
approval of
ftnal plan approval, whichever occurs ftrst. 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 arty in-
lieu fees. Further. as represented by the applicant. a minimum oftwenty
(20) percent ofthe units will be rented at the 80% or less than median
income level and the remaining at the 120% or less than median income
level. "
11. Change Conditions "V to X" to "Z to BB"
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