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Home My WebLink AboutCOM 0106.071 2004-2006 Pete Hoffmann ,r o. K. Angel Pilago C'ouncilmember rP:~;w ~ ~~4, Couttcilmember Dts7r7r/ 9 - ,N'orllr and South Kohnla ~ Dis~ric[ R -North Ko~ra Phone Nn.: (808) 887-2043 Phone No.: (808) 327-3642 Fax No.: (808) 887-2072 'i~~~ ur,M~~~ Fax No.: (808) 329-4786 F.-Mail: phoffmann~co.hawaii.hi.us E-Mail: kapilago@co.hawaii.hi.us HAWAII COUNTY COUNCIL County of Hawai `i June 28, 200 TO: Stacy K. Higa, Chair, and Council embers PROM: Pete Hoffmann, Co-chairman Committee on Planning K. Angel Pilago, Co-Chairman, Committee on Planning ~ RG: Proposed Bill No. 30, Draft 3 -Suffolk Invests , LLC This is to transmit Bill 30, Draft 3, which is the result of the discussion at the Planning Committee meeting of June 14, 2005, amendment as follows: 1. An editorial change to Coudition "J": "J. The main spine mauka/makai road within the proposed development shall be improved to County [~edaeiftle] 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 f.M.K. No. 7-5-17: 1 so that the property can be developed independently of T.M.K. No. 7- 5-17: 19. 'fhe applicant, its successors, or assigns shall convey its interest in the easement and all improvements therein to the County upon their completion." 2. Amend Condition "U": As discussed at die Planning Committee, this amendment is designed to: a) clarify that the land and all improvements thereon would be deeded to the County within ,0 days of termination of the school use. This would be done by having the land leased, and not conveyed, in fee to the State DOG or the designated entity for $ I for the life of the lease; and further, upon termination of the school use, the landowner would dedicate this land and any improvements thereon to the County of I Iawai' i; h) expand the potential use of the 5-acme land to also include recreational and other County activities; and c) make clear that the Council must approve of the agreement between the landowner and the DOP, or the selected entity. 3iR9 30, Or. 3 ~ Comm. No. r' Ref. To: f'reses4atf Ref, Date Hawar'i Courtly is nn F_qualOpportunity Provider And Employer June 28, ?005 Page 2 It would be possible for the land to be deeded directly to the County, who, in turn, could lease it to the DOE or the designated entity. However, it was felt that having the developer, rather than the County, directly enter into a lease would be more expedient at this stage. Furthermore, the County would still have the ability to make changes or impose protective restrictions, as it must still review and approve of the lease agreement between the landowner and the selected entity. J. ~!s represented by the applicant within ninety (90) days after the effective dare of this ordinance, the applicant shall solicit the input of the State Department of Education (DOE), community, and County Council to determine which government agency or entity, such as a DOE-test Pied "public charter"school, would be the recipient of this school site. The school site and arty improvements thereon shall be conveyed via lease [or feel to the identified recipient for x'1.00 or the duration of the lease with the unders7anding that card entity or agency would be ahle ro secure additional funds as may be necessary to have a school opened prior to or in conjunction with the Issuance of u residential occupancy perrni[ on the subject property. Furthest should the school ore be terminated for mry reason, the land and improvements (hereon shall be conveyed in ee to the County ufHawai'i a/ no cast x~ithin shirty (30/ da~~~he date o tennirration. Within sixty (60/ days of the identification of the receiving agency ar entity, a draft of an agreement reflecting the terms outlined in this ordinance, shall be submitted to the County Council for Its review f~=F~eenses~eneyf and approval. As further represented b}'the applicant, the applicant successors, ur assigns shall. l) prior to the issuance of a building perrni! for any residential or commercial structures on the subject sire, a) subdivide and dedicate or cause the dedication of 5 acres of7and within the ZMK ,'-i-17: 19 and/or T.MK 7-5-17: 23.for a school site to the State DOE or a DOE- certified "public charter and b) provide the necessctrv infrastructure to the .rite, including rehicuhrr uccess~ and utility systems' and 2) prior to the issuance of a Certificate of Uccupancy for uny residential structures an the subjec/ silo, nrake the necessary on-site land improvements for the school and associated playground area, as well as construct or cause the construction of ~ to X600, 000 of building or .rfruc[urai improvements as may he mutually agreed to between the applicant and the receiving agency or entity. There irnprovenrents are designed to foci/state Oze opening of u school prior to the occupancy of any residential structures on the subject property. " 3. An editorial chance to Condition "V": V.... Jn lieu of guying the Jbir share contribution, the applicant mcry contribute land and/or construct improvements/facilities related to parrs and recreation, fire, police, solid waste disposal facilities' and roads within the region impacted by the proposed development, subjec! to the review and recommendation of the Planning Director, upon consultation wish the uppropriate agencies and approva/ of the County Council. Improvements to the drainage as it crosses under Kuakini Hrghway, the road improvements at the Kuakini Highway inlerrection, and the maukahnakai spine road up to the entrance of the proposed rental housing project shall be credited against the road fair share. Relative /o the reyuirements.fortbe school as outlined in Condition U, the value of the land - which shall be haled on the per acre purchase cost of the applicant the cost of the infrastructure (road and utility) to 6he subjec[ site, and the cost of site preparation for [he school and piavgruund area shall be credited against the park and recreation fair share. The con.rtruclion of any straeclures on the subjec! site shall be credited against the balance, if any, June 28,2005 Pagc 3 of the park and recreation fair shm-e of this ordinance and/or any fu[ure park and recreation fair share requiremen{for T MK 7-5-l7: 23 and 26. " 4. Clarify Condition "X": This amendment is designed to make clear that the provisions for extra housing credits resulting from this project shall he as allowed by Chapter 11 relating to the Affordable Housing Policy. °X To ensure than ehe Goals and Policies of the Housing Element of the General Plan are implemcnied, the applicant shall comply with the requirements of7he Chapter Il, Article Hawaii County Code relating to Affordable Housing Policy. The affordable housing plan shall he upprored by the Coumy Housrng Agency prior to Jinal subdivision approval [HfJ or final plan approval, whichever occurs jirs7. The housing requirement shall he nrel hy~ the provision of affordable housing ons;1e, and not by use ofany affordable housing credits generated gffsi~c or by any in-lieu.(ees. Further, as represented w the applicant' a minimum ojlwenly (20j percen/ of the units wi// be rented u1 the 80% or less than median income level rmd the remaining at the 120% or less than median income level. fordable housing credits in excess o 'the basic requirement outlined in Chapter ll Article I Hawai `i Cnun/y Code Shull be credited to the a»p[icant its successors or assign.... " If you have any questions, regarding this measure, please do not hesitate to contact one of us. Att. PH/KAP/smc