HomeMy WebLinkAboutCOM 0107.001 2004-2006 PROPOSED AMENDMENTS - PUAA DEVELOPMENT ($ill 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
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 ofoccupancv 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 arty 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,fornon-residential structures or mal
inspection ofan,~residential structures. "
Comm. No. ~ Q
Ref. io: ro+or~l
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 of a certificate o occupancy for
non-residential structures orfinal inspection ofany 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 (TMK: 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 o,£this easement and its terms shall be
established prior to the issuance of a certificate of occupancy for non-
residential structures or final inspection ofarry 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 scene mauka/makai road All roadways) within the proposed
development shall be improved to County dedicable standards with curbs,
gutter and sidewalk improvements and ifaccepted 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
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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
assigns shall conveyits interest in the easement and all improvements
therein to the Count 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
(CONK) 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
Emergency Mana
e~~enc~(FEMA) clearances and?or approvals shall
be secured prior to issuance of any land disturbance permit a ectin~the
area covered by the work within the "AE"zone or the corrected a ective
base ood plain. The applicant shall construct all necessary drainage
improvements including the flood channel prior to the issuance of a
certificate o,~occupancy for non-residential structures or nal inspection of
arrv 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 single 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.
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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. "
6. Add New Condition "V"
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 -
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 and/or cause the dedication of 5 acres of land within properties
identified by T.M.K. 7-5-19 andlor T.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 corrveyed in fee simple or lease to either
the State Department of
Education (DDE) or aDOE-certified private or
charter school.
7. Amend Condition W (formerly 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.
Additionally, 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.
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
a
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 shine road up to
entrance of the proposed rental housingproiect shall ~mayJ be credited
against the road
fair share. Furthermore. the land for the school and its
pdayQround area and anv improvements thereon that were made by the
applicant shall be credited against the park and recreation fair share. "
8. Re-letter Conditions "V to BB" to "W to CC"
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