HomeMy WebLinkAboutCOM 0933.002 2004-2006
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FRED C.HOLSCHUH, M.D. Phone No.: (808) 961-8264
Council Member Fax No.: (808) 961-8912
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HAWAI `I COUNTY COUNCIL
County of Hawaii
Hawaii County Building
25 Aupuni Street
Hilo, Hawaii 96720
July 6, 2006
TO: Stacy K. Higa, Council Chair
And Council Members
FROM: Fred C. Holschuh
Council Member 1Ct--Q1
RE: Bill No. 297/Communication No. 933
Proposed Amendments
After visiting the property covered by this bill and reviewing its proposed conditions, I
respectfully request your favorable consideration of the following amendments:
1. Condition E:
"Improvements to the intersection of Wainaku Road and Kulana Kea Road within
the existing rights-of-way, including but not limited to straightening the curve and
flattening the storage area, shall be constructed prior to final subdivision approval,
as required by the [Planning ireciar] Department of Public Works. [if addkienal
road rights of way are required for the impfovements, the applioant sha4l
geed faith effei4s to aequire land ffem adjeeefft prepeFty &A%ers. Howe
by 1. 1 d e net be obtainede the imr efts e an be limited
eenseR4 to the a stii ....igh4s of . 1
While some improvements may be required to increase the sight distance, such as cutting
back a bank on the Hilo side of the intersection, I don't believe it fair or reasonable to
have the applicant be entirely responsible for improving this intersection and, more so,
asking him to acquire additional rights-of-way to make this improvement.
Improvements, if any, should be limited to the existing rights-of-way. The current
language requires extraordinary discretionary improvements for a project that will be
reduced from 25 to 10 lots. Please also note that no improvements were required for a S-
lot rezoning project (Kulana Kea, LLC) located directly across of this.
Comm. No. 33. Z
Ref. 70: roseate
Ref. Dote Ju Q 2QQ6
HawaM County Is An Equal Opportunity Provider And Employer
July 6, 2006
Page 2
Furthermore, I believe that the improvements, like the drainage plan called for in
Condition H, should be reviewed and approved by the Department of Public Works, the
agency that has the technical knowledge in this regard, and not the Planning Director.
2. Condition M:
"The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the property with respects to parks and recreation, fire, police,
solid waste disposal facilities and roads. The fair share contribution for each
additional lot shall be based on the actual number of residential units developed.
The fair share contribution in the form of cash, land, facilities or any combination
thereof shall be determined by the County Council. The fair share contribution
may be adjusted annually beginning three years after the effective date of this
ordinance, based on the percentage change in the Honolulu Consumer Price Index
(HCPI). The fair share contribution shall have a maximum combined value of
$9,991.20 per single family residential unit. The total amount shall be determined
by [wM] the actual number of additional units or lots according to the calculation
and payment provisions set forth in this condition. The fair share contribution per
single family residential unit shall be allocated as follows:
1. $4,817.93 per single family residential unit to the County to support park
and recreational improvements and facilities;
2. $232.42 per single family residential unit to the County to support police
facilities;
3. $459.06 per single family residential unit to the County to support fire
facilities;
4. $200.98 per single family residential unit to the Count to support solid
waste facilities; and
5. $4,280.82 per single family residential unit to the County to support road
and traffic improvements.
In lieu of paying 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 by the
County Council; provided, however, that the cost of providing and constructing
the improvements required in Condition E shall [may] be credited against the sum
specified in Condition M(5) for road and traffic improvements."
These amendments are intended to make clear that the off-site road improvements will be
credited against the applicant's fair share, and that only the additional lots created will be
subject to the fee. The other changes are editorial in nature.
Thank you very much.
FCH/jdh