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HomeMy WebLinkAboutCOM 0648.025 1996-1998 ~ COUNTY OF HAWAII DEPARTMENT OF PARKS & RECREATION 25 Aupuni Street, Rm 210 Hilo, Hawaii 96720 Phane(808) 961-8311 Fax (808) 961-8411 MEMORANDUM n _ March 31, 1998 TO: Councilman Al Smith FROM: George Yoshida, Director Dept. of Parks & Recreation SUBJECT: Comments Regarding Bill 186, Draft 4 This is in response to your solicitation for comments regarding Bill 186, Draft 4. Parks and Recreation would like to offer its suggestions of: 1. Keeping community benefits within each Council district, and not by regions. 2. Allowing some type of exception for community benefit projects equally impacted by two or more adjacent council districts since land availability and infrastructure may be limiting factors in the development of a project. Please contact me should you need any further comments. !:n~rn, Aia --7 ~ _ ELI % Kn. __..C' Lief. Tv; _ w.~~. rPa-~.,__APR~O g i996~- i / ~ MR. 'TYLER: Another point I want to make, and I think Mr. Reynolds brought up something of real value in terms of possible developer agreement is that, should this pass before this body, when if it finally passes before this body, the developer, KIC will not be coming back before this body, they'll be dealing, as Mr. Reynolds pointed out, with vazious departments. And it's no question, and I think everyone has acknowledged that there are going to be significant impacts to the Keauhou-Kahalu'u area. And, of course, we aze all aware that the many residents have expressed through their vazious associations, their concerns. I really think that an EIS would have been appropriate to properly address these impacts, we have, as I'm sure everyone here is aware, we have projects, small little projects that come to us, and the State requires them to provide an EIS, and some of them, the land's already been grubbed, graded, or there's been a commercial project there, but because of the nature of the project, you know, they have to go through this whole procedure. Yet, we have something here of such a great size and significance, and yet, we don't have the detailed information that would be provided through an EIS, and I realize that there's probably not enough votes here to require such a thing, it's late in the planning stage, but I really believe that, because of the nature of this, it's obvious impact, that this should be done as part of this rezoning, especially in consideration of some of the uncertainties that we have. And at the same time, I want to acknowledge the proposed amendment to Condition (O), and I hope that during the public hearing that you will bring this forward to speak to the residents and other concerned pazties about the specific language. There area certainly some merits to it, and I'd like to hear from the public. Tha<ilc you, Mr. Chairman. ACTING CI IR. SMITII: "thank you, Mr. "Tyler. Mr. Yagong. MR. YAGONG: Thank you, Mc Chairman. I guess the first thing 1've got to do is, applaud Mr. Reynolds for, as we're talking about this proposed amendment, obviously, if the amendment is implemented, it certainly would benefit his district. But, you know, I did vote in support of this project, but, you know I thiiilc my concern is warranted here, so I want to share this with KIC. I think the fair share contribution is always been a contribution that has gone to the County for the County to determine the distribution thereof And of all the projects that have come before the County Council, at least the year that I've been, we have never made an V ~ attempt to try to direct that monies in terms of how the County should spend it, although there certainly logic to what Mr. Reynolds is saying. But, I have a concern here, and as you look at this island as a whole, there are some districts, for example Hamakua, even out in Kau, maybe even a little bit out in Hamakua, where it's basically an Agricultural District, where you won't find the type of development that would probably take place in Kona or in Hilo, and so forth. And if we take the avenue that we're going to re-direct all that money just to that particular district, what you're going to find is, in the areas that you don't have this type of development, where there isn't that population base, those areas azea going to suffer immensely. Those areas are now not going to get the type of money they need for fire services, for police, for roads, and so forth. And I think that would be a wrong direction to go, because the way the system works is, if there are projects such as Kalialu'u Park, which I think is excellent, should be done, I think what should happen is the Councilmember should be lobbying the County, the Administration, to get funds to make improvements to that particular area. But once we start messing with the contribution of the fair share, I think that's going to create some problems, especially for districts out in rural areas. So, I'd be very concerned about that. Although the intention is absolutely wonderful, it makes a lot of sense, where you're trying to please the Councilmember and the people within the district, and you say, "We're going to do this for the area, and we're going to come out and improve this park area, and this $708,000 that should go to the County, we want to direct it to Kahalu'u Beach." I mean, that's admirable. But whether that's a direction we'd like to go, that concerns tne. Because some people, or some districts is going to end up having problems with that. And I'll give you an example. For example, the bridges on the island. Hamakua has nearly all the bridges on the County of Hawaii. And if the County didn't recognize the fact that these bridges serve as a route between East and West Hawaii, the major route between East and West Hawaii, these bridges need to be maintained and made sure that it's safe. You know, if eve were looking at distribution according to population or development, or what have you, we might not get that money, but the Administration realized, like it or not, we've got to maintain these bridges. So they do take a lot of the fuel tax money and put it into Hamakua to maintain the bridge that is essential for the entire island. So, this is not a direction that I think is the right way to go. So, I'd be very concerned if this amendment is made, when it comes up. But I understand why you did it, and there's a lot of logic behind it, but I would be very careful on using this as a direction of precedent for the County of Hawaii. Thank you, Mr. Chairman. ACTING CHR. SMITH: Thank you, Mr. Chairman. Mr. Ray. MR. RAY: Thank you, Mr. Chairman. Generally, I'm very much in favor of this project. I think it's well suited for the region, and I think Mr. Reynolds, you know, comments about the build out, you know, time frame, actually is considerably more lengthy than that, as far as, you know, the next couple of years. I don't thi~ilc we will see, I think it's more like the next 20 years, actually before, as was represented before we see full build out of this project. So, we're looking at more of a 15-20 year time frame. But, I share Mr. Yagong's concern, you lurow, partially, anyway, and this is more just a word of caution, and I'll leave it up to Ms. Leithead-Todd. I saw her shaking her head and nodding, as far as specific language on the impacts. I believe Mr. Yagong, these monies have to be spent regionally anyway. It's not monies that can be spent in Waimea or Hamakua. But, in regard to the speci5city of the money for Kahalu'u, you know, I would caution. You know, one instance comes to mind as to recent work that was done at the old airport, being able to greatly expand that sports complex, I think, clearly made sense from a regional standpoint, that whatever monies were, you know, available, and may have been collected, that probably was the appropriate use and focus of those monies. You know, and if I had to make a choice regionally, versus expanding Kahalu'u Beach Park, you know, a couple of years ago, versus putting the money into the Old Airport Complex, 1 think clearly, from a regional standpoint, that the monies would have been more better spent at the Old Airport Complex. Just a word of caution, you know, I think we do have to look at a regional impact. I mean, clearly, from an overall recrcational standpoint, the Old Airport Complex is the key recreational serving, you know, the overall Kona region, and I think that needs to be always kept in mind. r` f But, I support the intent of this, and I will support it per Mr. Reynolds, you know, work within the region and his read-out on those conditions. Thaiilc you. ACTING CHR. SMITH: Thank you, Mr. Kay. Ms. Leithead--Todd. MS. LI;ITHLAD-TODD:. I was going to point out that, number one, fair share contributions have to be used within the regions impacted by the development. You cannot take fair share contributions for a development in the Kona area and expend that money in I Iilo or Hamakua, or in Kau. It has to be in the region. And we already have language. If you look at the beginning of Section (O), it says, "The applicant shall make its fair share contribution to mitigate potential regional impacts of the subject project, with respect to roads, parks and recreation, fire, police and solid waste disposal facilities." Additionally, on page' 28, it's still in Section (O), the proposed amendment would have, this language says, "Any fair contributions paid by the applicant shall be expended within the region impacted by the proposed development." There is similaz language already in Section (O), which talks about the developer building facilities in view of paying the fair shaze contribution, and that language already says that those facilities or improvements would be within the region impacted by the proposed development, subject to the approval of the director. So this is not something that we have not done before, this is fairly standard, and 1 think isn't a new direction. The new language really tries to address the concerns of people in that area that the--- greatest impact of this development is going to be right in the Keauhou-Kahalu'u azea, and specifically that Kahalu'u Beach Park, which is the major beach park in this area where residents have access to the ocean, where there is a lot of ocean activity going on. Needs some improvements, and felt that the people who both live in this development and the people who live around the development and currently access facilities in that area, that, if you are going to do improvements, that Kahalu'u would be a prime area to do improvements. You note the language says to include without limitation improvements to Kahalu'u. It is not where you can only use the money at Kahalu'u Beach Park. But, the intent, Ithink--and this is reflective of Councilmember Reynolds discussions in the districts and the concern over particularly beach access--is that this is a signal that when this money comes in, both the community and the Council would like to see some improvements at Kahalu'u, because it is the major beach park in that area, and I think it would have the greatest benefit to the people who reside in that area and would have a need for recreation facilities. Frankly, I'd like to see a parking lot across the street, and the existing parking ?ot used to expand the beach park area, so that there's more place for people. I was surprised at just how many people use that beach park, and how crowded it is. As I went down to meet with the members of the Civic Clubs Historic Sites Committee, and with some of the Na'opio people from Kahalu'u, and both by tourist as well as residents, it is very crowded. I think, you know, if you were doing a body count, there are more bodies per square foot of beach there then you see at Hapuna. And there was quite a bit of interest expressed, in both improving and expanding that park area. And I tried to get property---actually, I had talked to them about property, across the street, and then discovered that they didn't own the property across the street, because I was trying to find a way to expand the park now. I was very disappointed to discover they didn't own that property, because I thought it would be a great parking lot. But, this doesn't limit us to Kau, it just tries to indicate that that's where the community and the Council would like to see some of this money go and improve, because the facilities there do need improvement. Thank you very much. ACTING CHR. SMITH: Thank you, Ms. Leithead-Todd. Mr. Yagong. MR. YAGONG: Thank you, Mr. Chairman. Thank you for that clarification Mr. Ray and Ms. Leithead-Todd. Maybe then I should ask if you could define region to me. How is this island broken down by region? Is there like a ntap outlined that indicates, or is the region represented by the nine-member Council District? MS. LEITIIEAD-TODD: May I respond? ACTING CHR. SMITH: Yes, please do. V ~ MS. LEITHEAD-TODll: We don't have, like, a specific region, but usually, when we're talking about, in terms of---it's not defined by Council district, but there are precedents in the area of impact fees. Where you can do studies where you say, you know, "Is this development impacting traffic in this general area." It would be a stretch to say that this development affects traffic in Waimea. But we know that it definitely affects traffic on Kamehameha 3, on Kuakini, on Ali'i Drive. So, road improvements to those three significant areas would be something that you can show a nexus, or a connection between the development and the impact on those roads. Mr. Ray's example that the Old Airport, which is a regional park, a regional park services a larger community. You could make a nexus that this development will have an impact on the Old Airport. Because of the soccer facilities, the swimming pool, people who live here will go urd use that park. And so, there isn't like a specific dividing line. But you have to be able to show a connection between the development and the facility you want to go and spend the matey on. MR. YAGONG: And so, what you'vejust explained isn't written anywhere, though. This is just ageneral--- MS. LEITHEAD-TODD: It's a general thing, but there's a whole series of case law where people have litigated the issue of; when you are getting fees for the impact of adevelopment--and this is, while we call it a "fair share contribution" It's to offset the impacts of the development, and there's a whole series of case law that defines what you can and can't use it on, and basically, you have to show that there's some connection between the impact of the development and where you spend the money. And this is because, in other areas, where somebody has come in and done a development, someone else has said, "Well gee, you know, that's $2 million from this development, and I really need a baseball field in Puna," and being politicians, people want to go and take that money and spend it in their own district. But the cases have shown that you can't do that, because it would be such a stretch to say that a development in Kahalu'u created a need for a baseball field in Puna, that it wouldn't hold up in court. Aud so, when you're making these plans and spending the money, our Planning Department and the people in the Administration have to be able to show that there is an impact in the connection. V And the reason it's not bounded in black and white, and not "put on a map" so to speak, is because it's a "moving target" so to speak. This project kind of sits in Kahalu'u, but it borders Keauhou. MR. YAGONG: Okay, okay. Thank you. MS. LEI'fHEAD-TODD: And, I'm sorry, that's a long answer, but it's difficult. MR. YAGONG: And Ms. Leithead-Todd, thank you very much, I appreciate that. The only thing, with the explanation that still leaves it subject to discretion was who was going to determine which is a region, and developing a nexus. So, you know, I would personally like to see a more defined explanation or define--- definitive way of defining what "region" is, and I would imagine it would be clearly better defined if it was mapped out either by district mapped out by geographical areas. But, at any rate, I know we're not discussing this today, because there's not an amendment on the floor, but I appreciate the clarification. But, l still do, even with the explanation, have some concerns, a,rd I want to share that with KIC. Thank you, Mr. Chairman. ACTING CHR. SMITH: Thank you, Mc Yagong. Mr. Reynolds. MR. REYNOLDS: Yeah, thaiilc you, Mr. Chairman. Yeah, l appreciate that concern, and I think that's why we have C1P, and ISTEA monies, and other kinds of monies coming in, to take care of the districts like Hamakua, Ka'u, and don't generate enough on their own. And, you know, I'm certainly all for helping out, eyualiring revenue so that the districts that don't generate money are, you know, get a fair share, for whatever the needs are, but with regard to this, I wanted to point out a little further. This is, you know, basically my suggestion, and it has been a suggestion of a few people, this Kahalu'u thing, and, you la~ow, the people from KIC have thus far gone along with it. But I also have had some people say that they would like other things, and, you know,l have mentioned to Mr. Lim, there're people that would like to see a connection from the path up at Walua connecting down, going through this project, and possibly having that running, walking, jogging, bicycle path continuing on down, and going through Oceanside 1250, and someday the dream is to V , have it go around the island. And that would be a tremendous thing. So, it may be in the public hearing that we'll hear from people say, "Well, this is a great idea, but maybe we'd rather do it another way." So, we still have the door open. And I'd like to also say that I have been privy to information that maybe some of you haven't with regards to the plans of KIC for the whole area, and one of the things that I'm very happy about is the plan for what is now the Keauhou Gazdens to become an amphitheater in the future, and I'm not through with them yet in terms of negotiating. I think I can see thing's like, possibly, behind that amphitheater, a, you know, a baseball field, basketball courts, all kinds of possibilities that don't exist in Keauhou area today. And I think, you know, KIC, Bishop L'state, we all would be remiss if we at least didn't try to put something in there like that. Because, as the area grows, we're going to need more and more recreation. But this is just a start, and I hope that, when we have the public hearing, that people will come forwazd with their ideas. There are endless ideas, as we have endless minds. But, I appreciate the willingness if KIC to do what is going to be good for the people in the area. Thank you. ACTING CHR. SMITII: 'Thank you, Mr. Reynolds. Mr. Santangelo. MR. SAN'fANGCLO: Thank you, Mr. Chairman. Long ago when I pushed that button, there's been much dialogue since then. So sense to repeat it, accept to say that I appreciate the attempt to strengthen that nexus. 1'o say that, "Here's something that's being developed, and there should be a direct connection to the benefit to the community and the development there. And I applaud the developer and the Councilmember for trying to strengthen that. And, enough said. Thank you very much. ACTING CHR. SMITH: "thank you, Mc Santangelo. Mr. Tyler. MR. TYLL'R: Thank you, Mr. Chairman. I neglected to ask one question of the applicant, here. Recently, it was reported in the newspaper that, Azabo has given up it's ownership lease of the Kona Gardens and the Keauhou Beach Hotel. Is that going to have any impact on this? I mean, I heard one impact already from Mr. Reynolds, but, in terms of the project? MR. SPENCER: No, none whatsoever. MR. TYLER: Okay, so, since you have the lease back, I'm understand that the hotel's going to continue, but would it mean that that property across the street from the parking lot at Kahalu'u might be available for additional parking, because we certainly have a problem there. Is that something that we can look at in the immediate future. MR. SPENCER: Right now, as it stands, land is under lease to Azabo. We expect that land to come back into our inventory. In terms of what could be done later on, it would depend on our planning in relationship to the entire . MR. TYLER:...parking space in that area that's already established, and is very close proximity, and I wondered if, you know, you might work with the Councilmember to try to alleviate some of the situations that we have there. And also, while I have the floor, I wanted to mention that, following up on Ms. Leilhead-Todd's comments about Kahalu'u Beach Park, I don't think we want to forget White Sands, I,yman's, Banyan's, and also, as Mr. Ray mentioned, Old Airport, and possibly in the future, Waiaha. But, I want to point out that White Sands, Lymans, and Banyan, as I'm sure everyone that's been there knows, virtually has no parking, and no amenities, and I think we need to---obviously, there's going to be impacts to those areas, as well, and we also need to consider them. So, as you're thi~ilcing about the nexus, please don't forget those parks, La'aloa being White Sand, as well, because the County has some property, and there is an opportunity to purohase, possibly purchase some property right across from Pahoehoe Beach Park, which I hope the County will take advantage of before the property gets, again, sold. It's an ideal one for parking space. Thank you. 'T'hank you, Mr. Chairman. ACTING CI IR. SMITH: Thank you, Mr. Tyler. Mr. Yagong. MR. YAGONG: Thank you, Mr. Chairman. Mc Claairma,i, in anticipation of the amendment to Draft 4, I would request that the Chair has direct staff to seek comments from the Parks & Recreation Department, and seek comments from our Corporation Counsel And although we have been told that, basically, the money should be spent within the region, we are using much more . ~ specific language than just "region." So, I respectfully ask the Chair to direct those questions for comments to these departments. Thank you, Mr. Chair.