HomeMy WebLinkAboutCOM 0107.002 2004-2006 Pe(e Hgf(mann w.r q. M K. Angel Pilago
C'ounc(lnrember ~~w ~ Councilmeniber
Dislric! 9 -Noah and South Kohaln Vim District 8 - .North Kona
Phone No.~. (808) 887-2043 Phone No.: (808) 327-3642
Fax No.: (808) 887-2072 Fax No.: (808) 329-4786
l~ O~ M~
E-Mail: phoffmann(c~co.hawaii.hi.us E-Mail: kapilago~co.hawaii.hi.us
HAWAI`i COUNTY COUNCIL
County of Hawaii
June 9, 2005
TO: Stacy K. Higa, Chair, and Coun ~ Members
FROM: Pete Hoffmann, Co-Chairman ~ ~
Committee nn Planning ~ _
K. Angel Pilago, Co-Chairman wr
Committee on Planning
RE: Proposed Bill No. 32, Draft2-Suffolk Inveshnent, LLC
Attached for your favorable consideration is proposed Bill 32, Draft 2, with the following amendments
per discussion with Sidney Fuke, Planning Consultane
I . Conditions F. G and L•
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 1 would be amended to include a
pedestrian activated crosswalk lights at the Kuakini Highway intersection.
Condition F:
"The applicant successors ur assigns shall improve the intersection at the principal access on
the Hawaii Bel! Ruad a1 the north end of T.M K. No. 7-5-171, at the Pualani Estates Subdivision
Road, including, bu( not limited lo, a dacelera[fon and exclusive left-turn lane info T M K. Na 7-
5-1 1. Intersection improvements shall be as required by the Department of Transportation.
The applicant shall pay for the cost of upgrading the lra~c signal lights at the intersection of the
lluwaii Beli Road and the Pualana Estates .Subdivision Road to accommodate a-way traffic. Said
improvements plus the main spine road throu h the Pualani Estates Subdivision la Hualalai
Road
shall be com~letedprior to the issuance ofa certircate nfoccupancyfor non-residemial
structures or /final inspection ofanv residential structures.
~ rJ~ 32,1b.Z
Comm. No. Z
Ref. To• Prasert~d
Ref. Uate 4
Hnwni'i County Ls An Equal Opportunity Provider And Employer
June 9, 2005
Page 2
Condition G:
"The applicant, successors, or assigns shall construct aright-I urn deceleration lane and aright-
htrn acceleration lane at the secondary entrance located south of the main intersection meeting
with the approval of the State Department of T
ransportation, and any other improvements that
may be required by the DOT. Ij~DOT opposes the use of the second access to the commercial
development, crll access shall be from the northern access point. Otherwise, the southern access
shall be limited to right-in, right-ou[ movements only. Said improvements shall be completed
rip or to the issuance ofa certi Late of occupancy.for non-residential structures or fnal
inspection of anv residential ~7ructures, "
Condition I:
"Access to Kuakini Highway, including the provision of adeyua[e sigh[ distances, shall meet rorith
the approval of the Department of Public Works. An exclusive left turn lane and a right turn
deceleration lane shall be provided on Kualdn! Hlglnvay at the Easement 1 access road
approach. The access shall align with [he opposing entry to Kahakai Estates Subdivision.
[~J Requirement improvements may include, but not be limited to, pavement and shoulder
widening, pedestrian activated cross walk IiQhts drainage improvements and relocation of
utilities. A system ofdrywells shall be installed [o address existing local drainage on the mauka
side of Kuakini Highway jlox~ing to the proposed access approach. Said improvements shall he
tom leted prior to the issuance ofa certificate ofoccupancv for non-residential structures or
final inspection of anv residential structures on the subject site. "
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 relative to the terms and deadline of having this
easement established.
"The applicunt, successors, or assigns shall provide an easement to the property to the north
(TMK: ?-S-U: 2) to permit that property to access the main project intersection. 1'he easement
shall have a minimum width of 60 feet, and he in a location meeting with the approval ofthe
Department of Public Works. The desiyna[ion~this easement and its terms shall be estahlished
prior to the issuance of a certificate of occupancy, or non-residential structures or final
inspection o anv residen[ial structures,"
3. Condition K:
'This amendment is designed 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.
°[A1~-rt~c#~aCtysJ The main .mine mauka/mauki road within the proposed development shall be
improved to County dedicable standards with curhs, gutter and sidewalk improvements [nrecvtng
.~J anti if accepted by the Coumy a bike path,
prior to issuance qja cert~cate of occupancy. The applicant shall provide necessary easements
for rand and drainage improvements in favor of T M K. No. 7-5-17: 19 so that the property can
be developed independently of T.M K. No. 7-5-77: The applicant its successors or ass~is~=ns
June 9.2005
Page 3
shall convey its interest in the easemem and all improvements therein to the Count~on their
corn letion."
4. Condition M:
This is designed to clarify when the drainage improvements have to be completed as well as [he
necessity of ~EMA approval.
"A drainage study shall be prepared aid submitted for [he review and approval [teJ the
Department of Public Works prior to the issuance of Final Plan Approval. [eke-drairrage~furty
f I deemed necessary b ty he bepartment o/'
Public Works the appropriate Federal Emer
e~ncy Management Agency (FEMA) clearances
and/or approvals shall be secured prior to issuance of any land disturbance permit a ecting the
area covered by the work within the "AF ° zone or the corrected ef/ec[ive base flood plain. The
applicant shall construct all necessary drainage improvements including the flood channel ~~ior
to the rssuance afa certifcale o occu ~ancyfor non-residential structures or final inspection o~
any resrdential 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 he created within the project area.
HtriJ~{i+rgsJ No residential or commercial structures shall be constructed within areas designated
"AF." or "shaded" Zone "X" by Flood Insurance Rate Maps (FIRS as amended by any
applicable hOMR. Restrictive covenants in the deeds of all single family_residential low shall
give Halite of the terms of this rezoning condition. No single- omit ~ residential lots mcry be
created which lack a buildable area. This restriction may be removed by amendment of this
ordinance by [he County Council [~4J If appropriate a copy of the proposed covenant(s) to he
recorded with the Bureau of Conveyances shall be submitted ro the Planning Director for renew
and approval prior to the issuance of Final Subdivision Approval. A copy of the recorded
docmnent shall be.rled with the Planning Department upon its receipt,from the 13ureuu of
Convevance.c."
6. Add New Condition "V"
Although public education, like health care, is a State function, there is a need to address this
issue. The applicant has represented that it is prepared to set aside 5 acres of land for a school
site within and/or adjacent to the proposed rental housing project and, also, provide some measure
of structural improvements on the site, provided that appropriate recreational impact fee credit
can be secured. With the school, this project would have 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.
In that regard, this provision provides for the following:
June 9, 2005
Page 4
a. Within 90 days of the effective date of this ordinance, the applicant would solicit the input of
the DOE, community, and County Council, to determine which agency or entity would be the
recipient of this school site and any improvements thereon. If not the DOE, the designated
entity would be a DOE-sanctioned '`public" school, such as a charter school.
b. Within 60 days after this agency or entity is identified, the applicant would submit a draft of
an agreement between the landowner and the agency/entity to the Council for review relative
to consistency with the terms of the ordinance.
c. The agreement will also spell out that:
I) The land has to be conveyed b~ lease or fee, with access and utilities, prior to issuance of
a building permit fior any development within the proposed development area for $1
either in fee or lease
2) The applicant has to make necessary on-site improvements for the school site and
playground area, as well as up to $600,000 of building or structural improvements, as
may be mutually agreed to between the entity and the applicant. These improvements
have to be completed prior to issuance of occupancy permit for any portion of the
rezoned area;
3) The selected entity has to commit to finding additional funds as may be necessary to be
able to open up the school prior to or in conjunction with the issuance of a residential
occupancy permit; and
4) If for any reason the school use is terminated, the land and improvements thereon would
be conveyed to the County of Hawaii. The County, in turn, would be in a position to use
the property for another school or for some other public purpose as it deems appropriate.
"As represented b ty he applicant within ninety(90) days after the effective dale ofthir ordinance
the applicant shall.rolicit the input ofYhe State Department ojEducation (DOE/ community and
County Council to determine which government agency or entity such as a DOE-certi ied
"yuhlic charter"school, would he the recigiem of this school rite. The school site and any
improvements thereon shall be conveyed vra lease or fee to the ident~ied recipient for ,51.00 with
the understanding that said entity or agency would be able to secure additional funds as ma~~e
necessary to have a school opened prior to or in conjunction with the issuance of a residential
occupancy permit on the subject property. Further should the school use he terminated for airy
reason, the land and improvements thereon shall be conveyed to the County of Hawaii at no
cost.
Within sixty (60) days of the identification of the receiving_agency or emits a draJ`r of un
agreement reflecting the terms outlined m this ordinance shall be submitted to the County
Council for its review us to consistency-_
A~urther represented fiy [he anplican[ the applicant successors or assigns shall briar to the
issuance of a building permit for anLresidential or commercial structures on the subject site al
subdivide and dedicate or cause the dedication of 5 acres oj~land within the T.MK. 7-,i-17: 19
and/or T.MK. 7-5-17: 23 jor a school sate to the State DOE or aDOE-certified "publrc charter~'~
and b) provide the necessar~nfras4ructure to the site including vehicular access and utility
~~ste~s and 21 prior to the issuance o1~a Certificate of Occupancy for anV residential structures
on the subject site make the necessarZon-site [and emprovements for the school and arrociated
June 9, 2005
Page 5
playground area as well as construct or cause the construction ofto $600 000 of building or
structural improvements as may be muluali~Qreed !o beM~een the applicant and the receiving
~ency or entity. These improvements are designed to facilitate the opening o a school prior to
the occupancy of any residential structures on the subject pro er
7. Ameud Condition W (formerly Condition "V")
'This provision makes clear that certain off-site road work, because they have broader public
benefit, will be credited against the applicants fair share road requirement.
Furthermore, since the school and its park area may also be used for public recreational and
related purposes, the applicant's park and recreation fair share is being credited. To also increase
the potential for making more improvements to this site, including the construction of school
structures on the site, the value of the land will be determined using the applicant's purchase price
and not at the time of conveyance when improvements and/or price escalation have occurred.
Furthermore, since a maximum of $600,000 of structural improvements for the school site are
being required of the applicant to facilitate the constructoon of a school, future fair share credit for
the balance of the applicant's undeveloped properites would be given.
'7n (teat ofpc{ying the fair shore contribution, the applicant may conlrihute /and and/nr construct
bnprovemenis/facilities related to parke~ and recreation, fare, police, solid waste disposal facilities
and roods within the region impacaed by the proposed development, subject to the review and
recom~nendation of the Planning Director, upon consuha/tan with the appropriate agencies and
approval of the Counh~ Council. Improvements !o the drainage as it crosses under Kuakini
Highway (naeryJ the road improvements at the Kuakini Highway intersection and the
maulaa/makai spine road up ro entrancr of the proposed rental housing project shall be credil~~d
against the road fair share.
Relative to the reyuirenaentsor the school as outlined an Condition U the value of~land -which
shall be based on the per acre purchase cost of the applicart the cos[ ofthe infrastructure
road and utiliry~ to the subject site and the cost ofsite preparation for the school and
playground area shall be credited against the mark and recreation jolt share. The construction a
any structures on the subject site shall be credited against the balance ifanv ofth~ark and
recreation fair share of this ordinance and/or any future park and recreation fair share
re~tuiremeni for T M K. 7-5=]17,_23 and 26. "
8. Re-letter Conditions "W to BB" to "X to CC"
If you have any questions, regarding this measure, please do not hesitate to contact one of us.
Att.
PH/KAP/smc