HomeMy WebLinkAboutCOM 0106.052 2004-2006 Pete Hoffmann w.~q.,, K Angel Pilago
Councilmember ~,u- ~ ~~'~.,4. Cnunci/member
DLriric! 9 - Nnr~h and South Kohala ~!SIYICI 8 - North Kona
~i i.
Phone No.: (808)887-2043 Phone No.: (808)327-3642
.~Tt Oi~M~
Fax No.: (808) 887-2072 • yo Fax No.: (808) 329-4786
G-Mail: phoffinann@co.hawaii.hi.us E-Mail kapilago@co.hawaii.hi.us
HAWAII COUNTY COUNCIL
County of Hcrwai `i
June 9,2005
TO: Stacy K. Higa, Chair, and Counci s.
FROM: Pete Hoffmann, Co-Chairman ~ -
Committee on Planning v
K. Angel Pilago, Co-Chairman ~ri~
Committee on Planning
•
RE: Proposed Bill No. 30, Draft 2 -Suffolk Investment, LLC ~j
Attached for your favorable consideration is proposed Bill 30, Draft 2, with the following amendments
per discussion with Sidney Fuke, Planning Consultant:
I. 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 lights at the Kuakini Highway intersection.
Condition F:
"The applicant successors or asslQns shall improve the intersection at the principal access on
the Hawaii Bel[ Roud at the north end of T.M.K. No. 7-5-1 1, at the Pualani Estates
Subdivision Road, including, but not lunited to, a deceleration and exclusive Iefl-turn lane inin
T M.K. No'-5-17: 1. Intersection improvements shall be as required by the Department qJ
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 accnnnnodure
-t-wuy traffic. ,Said improvements plus the main spine road through the Pualani Gstales
Subdivision [v Hualalal Road. shall he completed prior to tke issuance of a certificate of
occupantfor an,y residential structures an the sufilect site. "
Condition U:
"The applicant, successors, or ussigns vhall construct aright-Guru deceleration lane and a righl-
lurn ueceleration lane at the secondary entrance located south of the main intersection meeting
~x,Qp 30~ ~ Comm. No. I O~O• sZ
Ref. To: Preseahwl
.I~ 1 ^
Rif. Ua'e
Hawni'i County /s An Equal Opportunity Provider And Employer
June 9, 2005
Page 2
with the approval of the State Department of Transportation, and any other improvements tha[
may be required by the DOT. If DOT opposes [he use of the second access to the commercial
development, all access shall he from the northern access paint. Otherwise, the southern access
shall be limited !o right-in, right-ou! movements only. Said improvements shall be completed
rip ar to the issuance of a certifrcate of occupancy for non-residential structures or final
ins section of any residential structures "
Condition I:
"Access to Kuakini Highway, including the provision of adequate sight distances, shall meet ivuh _
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.
[#eryuirectJ 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 rnauka
side of Kuakini Highway flon~ing to the proposed access approach. Said improvements shall he
completed prior Io the issuance oJ~a cert~cate of accupancyfor any residential structures on the
suhiect site. "
2. Add New Condition J:
Like the condition for Puaa, this new addition is designed to establish the standards for the main
maukahnakai spine road through the project site. This road would include curbs, gutters, and
sidewalk and bike paths, if acceptable to the County. Furthermore, the road would be dedicated
to the County.
"Z'he main spine mauka/makai road within the proposed development shall be improved ro
Cauu ~ deducible standards with curbs gutter and sidewalk improvements and if accepted by the
Coon a bike path prior to issuance o a certificate ofoccupancy. The applicant shall provide
necessary easements for road and drainage improvements in favor ofT.MK. No. 7-5-17: I so
that the property can be developed independentl~ofT.MK. No. 7-5-17: 19. The applccan[ 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. This provision was absent in the original
draft.
"A drainage stud hall be prepared and submitted for the review and approval u
Department ofpublic Works prior to the issuance of Final Plan Approval. Ifdeemed necessary
by the Department of Public Works the appropriate Federal Emergency Management Agency
F(
EMA) clearances and/or approvals shall be secured prior to issuance of any land disturbance
permit affecting the area covered by [he work within the "AE"zone or the corrected of ective
base flood plain. The applicant shall construct all necessary drainage improvements including
the ood channel prior to the issuance of a certificate of occupancy for non-residential structures
or mat inspection of any residential structures."
,Tune 9, 2005
Page 3
5. Change Condition K to "M"
6. Amend Condition L to "N" with followinc chances:
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.
A#ile{drxgsJ No residential 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 he created which lack
a buildable area. This restriction mcry he removed by amendment of this ordinance by the County
Council. Ifappronriate a [t}J copy of the proposed covenant(s) to he recorded with the Bureau
of Conveyances shall he submitted to the Planning Director for review and approval prior to the
issuance of Final Subdivision Approval. A copy of the recorded document shall he filed n~i1h the
Planning Deparlmer:[ upon its receipt,jrom the Bureau of Conveyances."
7. Chance Conditions M through R to "O to T"
8. Add New Condition "U"
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 credits
can be secured. With the school, this project would have the signiticant components ofa small
community -rental and fee simple housing that span all economic spectrums; commercial village
center; park; and a school site.
In the regard, this provision provides for the following:
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 and improvements thereon. If not the DOE, the designated
entity would be aDOE-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:
1) The land has to be conveyed by lease or fee, with access and utilities, prior to issuance of
a building permit for any development within the proposed development area for $1
either in fee or lease; 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. l'hese improvements have to be completed prior to issuance of occupancy
permit for any portion of the rezoned area;
June 9, 2005
Page 4
2) The selected entity has to commit to finding additional funds as may be necessary to he
able to open up the school prior to or in conjunction with the issuance of a residential
occupancy permit; and
3) If for any reason the school use is terminated, the land and improvements thereon would
be conveyed to the County of I lawai'i. The County, in turn, would be in a position to use
the property for another school or far some other public purpose as it deems appropriate.
"As represented by the applicant, withm ninety(901 days' aJ7er the effective dale of this ordinance
the applicant shall solicit the input of Nte State Department of6ducadon (DOE) community,_and
County Council to determine which government agency or entity, such as aDOE-certified
''public charter "school, would he the recipient o~his school site. The school sire and any
inmrovements thereon shall be conveyed via lease or fee to the identified recipient for X1.00 with
the underrtandinQ that said entity or a~ y would be able to secure additional funds as may he
necessary to have a school opened prior to or in coniunction wish the issuance ofa residential
occupancy permit on the subject nroperty. Further should the school use be terminated for anti
reason the [and and improvements thereon shall be conveyed to the County o Hawaii at no
cost.
Within sixty (60~ days ofthe identification of the receiving ency or entry a dra~ofcm
axreement reflecting the terms outlined in this ordinance, shall be submllled to the County
Council for its review as to consirtencf~_
As further represented by the applicant the applicant successors or assigns shall 1) prior to the
issuance of a buildingpermittor any residential or commercial structures on the subject site a)
subdivide and dedicate or cause the dedication oJ5 acres of land within the T M K. 7-5-17: 1 Q
and/or T.MK 7-5-17: 23 for a school site to the State DOE or aDOE-certified "public charter"~
and b) provide the necessary in astructure to the site including vehicular access and utility
systems ~ and 2) prior to the issuance ofa Certificate of Occupancy for any residential structw•es
on the subject site make the necessary on-side land improvements for the school and associated
plctyground area. as well as construct or cause the construction of to $600 000 of building
structural improvements as n?ay he tnutuall~agreed to between the applicant and the receiving
agen~or entity. These improvements are designed t~acilitate the opening ofa schoa~rior to
the occupanc~f any residential struch~res on the subject pro er '
9. Amend Condition S to "V" with the fii!lnwing changes:
This provision makes clear that certain off-site road work, because they have broader public
benefit, will he credited against the applicant's 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 $60(1,000 of structural improvements for the school site are
being required of the applicant to facilitate the construction of a school, future fair share credit for
the balance of the applicant's undeveloped properties would be given.
June 9, 2005
Page 5
"!n lieu of
paying the fair share contribution, the applicant may contribute [and and/or consh~uct
improvements/facilities related to parks and recreation, Dire, police, solid waste disposal
facilities
and roads within the region impacted by the proposed development, subjeG 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 Kunkini
Highway
the road improvements at the Kuakini Highway intersection and the mauka/nmkai
spine road up to entrance of the proposed rental housinu pr ject shall [mErvJ be credited against
the roadfair share.
Relative Io the requirements br the school as outlined in Condition U, the value of land --which
shall be based on the per acre purchase cost o the applicant the cost o the infrastructure
(road and u[ili[y) to the subject site and the cost ofsite preparation for the school and
playXround area shall be credited against the park and recreation fair share. The construction o
anv structures on the subject site shall be credited against the balance if any of the park and
recreationair share of this ordinance and/or anv future park and recreation fair share
requirement for Z:MK. 7-5-17: 23 and 26. "
10. Chance Condition T to "W"
1 I . Chance Condition U to "X" with the followinc chances:
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°/0
or less than median income.
"1b 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 l i, Article 1,
Hawaii County Code relating to Affordable Housing Policy. (nerrtJ The affordable
housingplan shall be approved fiy the County Housing Agency prior to final subdivision
approval of final plan approval, whichever occurs frst. The housing requirement shall be met by
the provision of affordable housing onsite, and not by use of any affordable housrng credits
generated offsi[e or by any in-lieu fees. Further as represented by the applicant a minimum
twen 20 ercent ofthe units will be rented at the 80% or less than median income level am!
the remaining at the I30% or less than median income level. "
I I . Chauce Conditions `N to X° [o "Y to AA"
If you have any questions, regarding this measure, please do not hesitate to contact one of us.
Att.
PH/KAP/smc