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HomeMy WebLinkAboutREP PC 124 11/14/2006 2004-2006 _ REPORT OF THE COMMITTEE ON PLANNING DATE: November 14, 2006 Re: Comm. No. 1173/Resolution No. 516 PLACE: Councilroom (new location) Ben Franklin Building 333 Kilauea Avenue, 2"" Floor Hilo, Hawaii TIME: 2:00 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Resolution No. 516, reports as follows: Resolution No. 516, transmitted via Communication No. 1173 from Christopher J. Yuen, Planning Director, dated October 31, 2006, transmitting the proposed Resolution for approval of In Lieu Fair Share Contribution to satisfy Condition "P" of Change of Zone Ordinance No. 03-37 regarding Nani Kona Aina, LLC, for property located at Hienaloli, North Kona, Hawaii, TMK: (3) 7-5-10: Portions of 52 and 65. Resolution No. 516 requests Council consideration and approval of in lieu fair shaze contribution in an amount of $455,515.70 for the support of road and traffic improvements, as required by Condition "P" of the above referenced Ordinance No. 03-37. Communication No. 1173 states that Condition "P" of Change of Zone Ordinance No. 03-37 requires landowner to comply with the requirements of fair share contribution to mitigate potential regional impacts of the project and that in lieu of paying the fair share contribution the landowner may construct roadway improvements and be credited for the cost of said improvements. Condition "P 5." of Change of Zone Ordinance No. 03-37 requires payment of the fair shaze contribution to support road and traffic improvements. Condition "C" of Change of Zone Ordinance No. 03-37 required the landowner to construct the extension of Melelina Street to a cul-de-sac within its property and Condition "R" required landowner to improve [he Nani Kailua/Kakalina Street intersection with afour-way stop, and that these improvements shall be credited against the fair share contribution to support road and traffic improvements. Nani Kona Aina, LLC has completed the roadway improvements as required by Condition "C" and Condition "R" and the cost of said improvements is $455,515.70, which is the amount being requested to offset the full amount of the fair share contribution requirement for road and traffic improvements. The Planning Director reviewed and approved the total amount of $455,515.70 to satisfy the in lieu fair share contribution. Communication No. 1173 includes a comment by the Planning Director that although Change of Zone Ordinance No. 03-37 explicitly states that the improvements required under Condition "C" (Melelina Street extension) shall be credited against the fair share requirement, this type of improvement should not qualify as an "in lieu" for fair share purposes because it is not an improvement to the regional road system that benefits the general public. This road extension ends in a cul-de-sac within the subdivision. Mr. PC Report No. 124 Communication 1173 Resolution 516 Page 2 of 3 Yuen notes that this provision was included during Council deliberations on the project and was not in the version of the proposed ordinance sent to the County Council from the Planning Commission. At the November 14, 2006 Planning Committee meeting, no one appeared from the public to present testimony on this matter. Planning Director Yuen qualified comments of his letter regarding failure of the request to really benefit the public in a regional context. Mr. Yuen stated that the Council has, since the 1990s, imposed fair shaze requirements on residential developers to support regional road improvements. A developer could also make improvements to benefit road circulation such as donating land area for a highway and credited against having to pay the fair share. At one point "in lieus" were handled administratively, the Planning Director agreeing to an amount of in lieu, however in 2002/2003, an ordinance required in liens be approved by Council. Mr. Yuen noted this request for in lieu is based on the cost of extending a street that dead-ends to a cul- de-sac within the developer's subdivision and therefore he would not recommend this type of improvement to qualify for in lieu. However, the rezoning ordinance specifically states that the extension shall qualify. Mr. Yuen said that although the Resolution reflects his approval of the in lieu, he raises the issue to bring it to the attention of the Council since the Council deals with rezonings. Council Member Doc Holschuh confirmed that if the Council accepts the $455,515.70 to support road and traffic that it would not eliminate the remaining contributions. Mr. Yuen stated it would not be carried over to offset parks, police, fire or solid waste because he believed those were already paid. Council Member Jacobson expressed concern that because the extension is part of the ordinance, the Council would have major exposure if it would not agree to this and Director Yuen stated the Council needs to be careful about what kind of improvements should qualify for in lieu. As to how many situations like this currently exist in the system, Mr.Yuen stated that prior to 2001 there are quite a few and that his department tries to watch it closely. In response to Committee Vice Chair Hoffmann's question whether the Pazker Ranch ordinance would be involved in something like this, Mr. Yuen stated as an example, the cost of the left turn lane at Kaumaloa by the Jacaranda trees is credited against their fair shaze obligation for roads and traffic. Committee Chair Pilago noted the on-going carryover problems from a previous system that the Council has inherited which places it in an uncomfortable position of accepting and approving this as in lieu fair shaze even though it's not because the ordinance states it shall. Council Vice Chair Isbell noted that all bills and resolutions can be amended. Ms. Isbell restated her request of several months ago to Director Yuen that the Council be provided with a list of fair shaze amounts paid and how much has been spent and for what. She said this would assist the future council to understand how the money was spent and whether it's really been worthwhile. Director Yuen stated the last comprehensive report was completed through the end of 2004 and is supposed to be famished to the Council annually but hasn't since 2004. Director Yuen said he will follow up with the staff working on this report. PC Report No. 124 Communication 1173 Resolution 516 Page 3 of 3 Your Committee on Planning is in accord with the purpose and intent of Resolution No. 516 and recommends its adoption. and AYES NOES A&E EX ReSpadfUlly SUbmllted, ARAKAHI X HIGA X COMMITTEE ON PLANNING HOLSCHUH X IIfliDA X ISBELL X K. ANGEL PII.AGO AIR JACOBSON X PII.AGO X PC REPORT NO. 124 SAFARHC x AnoPTEn: NOV 006