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HomeMy WebLinkAboutCOM 0700.008 2006-2008 K Angel Pilago o. PhoneNo.: (808) 327-3642 Council Vice Chair u~;~' ' Fax No.: (808) 329-4786 Council Member, District 8 Og' E-Mail kapilago@co.hawaii.hi.us oi'Mii~ HAWAII COUNTY COUNCIL Rtc~ ~ County of Hawai `i !O' ~i Kailua Trade Center 75-5706 Hanama Place, Suite l09 ~eM COUn[q Kailua-Kona, Hawaii 96740 DATE: November 7, 2007 TO: Pete Hoffmann, Council Chair And Council Members FROM: ~~K Angel Pilago, Council Member RE: Bill 182, Draft 2 (Relating to an Ordinance Amending Section 25-8-3 (North Kona Zone Map), Article 8, Chapter 25 (Zoning Code) of the Hawaii County Code 1983 (2005 Edition), by Changing the District Classification from Agricultural - 5 Acre (A-Sa) to Multiple-Family Residential - 1,000 Square Feet (RM-1) at O`oma 1sT, North Kona, Hawaii, covered by Tax Map Key: 7-3-010:003) Applicant: Seascape Development, LLC Attached is Bill 182, Drafr 2 that reflects amendments outlined in Communication No. 700.7. The following amendments were duly approved by the County Council during its meeting held on November 7, 2007 and are ramseyered: 1. Condition "C" of Bill 182 is amended to insert okina in the words "Hawaii", insert a period at the end of the paragraph, and add additional language to read as follows: "C. To ensure that the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall comply with the requirements of Chapter 11, Article 1, [I=lwaii] Hawaii County Code relating to Affordable Housing Policy, provided further that, as represented by the applicant, all units (100% of the entire ro'ect shall be rented at a rate affordable to families earning not more than [89°x] 60% of the median income, as determined by the Office of Housing and Community Development. In accordance with section I 1-11, Hawaii County Code all units shall remain at this affordable rental rate (60% of the median income) for a period of not less than twenty nears or a longer period if mutually agreed between the ayylicant and the Administrator of the Office of Housing and Community Development. Affordable housing credits in excess of the basic / requirement`s of Chapter 11, Article 1, [Hawaii] Hawaii County Code, shall be `a r,~. ~h. a Comm. No. Ref. To: Hawaii County /s An Equa! Opportunity Provider And EmployerRef. Date N~~ ~ 7 2002 Pete Hoffmann, Chair, and Council Members November 7, 2007 Page 2 of 4 credited to the applicant, its successors, or assigns. The affordable housing plan shall be approved by the Administrator of the Office of Housing and Community Development prior to final subdivision approval or final plan approval, whichever occurs first." 2. Proposed amendment to Condition F is non-substantive, to insert an okina in the word "Hawaii", and reads as follows: "F. Construction of the proposed development shall be completed within five (5) years from the effective date this ordinance. Prior to construction, the applicant, successors or assigns shall secure Final Plan Approval for the proposed development from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), [Flaweii] Hawaii County Code. Plans shall identify all existing and/or proposed structures, paved driveway access and parking stalls associated with the proposed development. Landscaping shall also be indicated on the plans for the purpose of mitigating any adverse noise or visual impacts to adjacent properties in accordance with the requirements of Planning Department's Rule No. 17 (Landscaping Requirements). The applicant shall include native species among the plants used for landscaping." 3. Proposed new Condition "G", relating to the minimum number of parking stalls, is added and reads as follows: "G. ~plicant shall construct a minimum of 460 parking stalls for use by tenants of the proiect calculated on the basis of one and one-half spaces per unit. In addition applicant shall explore additional means of increasing parking for the ~roiect including but not limited to assigned stalls anon-site shared parking program and other measures that meet with the approval of the Planning Deroartment." 4. Proposed new Condition "H" relating to energy saving practices is added and reads as follows: "H. Applicant shall incorporate energv efficient appliances and practices in the proiect's individual apartments and common areas including solar water heating, low flow plumbing fixtures energv efficient light fixture/compact fluorescent light bulbs drought tolerant landscaping and to the extent feasible rohotovoltaic solar panels." Original Conditions "G" through "X" would be amended to read as Conditions "I" through "Z." Pete Hoffmann, Chair, and Council Members November 7, 2007 Page 3 of 4 5. Proposed amendment to new Condition "I" (old Condition "G") is non-substantive, to insert an okina in the word "Hawaii", and reads as follows: "[f,]I. All driveway connections to Kakahiaka Street shall conform to Chapter 22, Streets and Sidewalks, of the [1=Ia3veii] Hawaii County Code." 6. Proposed amendment to new Condition "N" (old Condition "L") is non-substantive, to insert an okina in the word "Hawaii", and reads as follows: "[b]N.AII earthwork activity shall conform to Chapter 10, Erosion and Sedimentation Control, of the [I=Iawaii] Hawaii County Code." 7. New Condition "U" (old Condition "S"), is amended to read as follows: "[$]U. The applicant shall provide [ , 1 , „F r,°~,,..--,°.,. °rn°«7-~ .,^a n°°-°°*:°~] four active recreational azeas within the proiect site the cumulative azea of which will be apUroximately one-half (51 acre of land and shall include facilities such as a half size basketball court, a volleyball court exercise~avilion and nlayeround equiyment for children." 8. New Condition "W" (old Condition "U") relating to fair share contribution, is amended to read as follows: "[i~]W. The applicant shall pay its fair share contribution to address potential regional impacts of the project with respect to roads, park, fire, police and solid waste disposal facilities. The fair share contribution shall be initially based on the representations contained within the change of zone application and may be increased or reduced proportionally if the unit counts are adjusted. The fair share contribution shall become due and payable prior to receipt of Final Plan Approval or within five (5) years from the effective date of this change of zone ordinance, whichever occurs first. The fair share contribution for each lot shall be based on a maximum density for each lot as determined by the zoning resulting from this . change of zone. The fair share contribution in a 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 $6,653.40 per multiple family residential unit. Based upon the applicant's representation of intent to develop a total of 306 multi-family residential units, the indicated total of fair share contribution is $2,035,940.40 for Pete Hoffmann, Chair, and Council Members November 7, 2007 Page 4 of 4 the multi-family residential units. However, the total amount shall be increased or reduced in proportion with the actual number of units according to the calculation and payment provisions set forth in this Condition [g]W. The fair share contribution shall be allocated as follows: 1. $3,281.93 per multiple family residential unit for the 306-unit multi- family development for an indicated total of $1,004,270.50 to the County to support park and recreational improvements and facilities; 2. $103.73 per multiple family residential unit for the 306-unit multi-family development for an indicated total of $31,741.38 to the County to support police facilities; 3. $319.07 per multiple family residential unit for the 306-unit multi-family development for an indicated total of $97,635.42 to the County to support fire facilities; 4. $142.21 per multiple family residential unit for the 306-unit multi-family development for an indicated total of $43,516.26 to the County to support solid waste facilities; 5. $2,806.46 per multiple family residential unit for the 306-unit multi- family development for an indicated total of $858,776.76 to the State or 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 of the County Council. Applicant's obli atgion to pay fair share contributions shall be inapplicable and waived when applicant implements the affordable housin¢ rental pr~ram set forth in Condition C above, which provides that all units (100% of the entire proiectl shall be rented at a rate affordable to families earning not more than 60% of median annual income in Hawaii County, as certified by the Office of Housing and Community Development." KAP/mpd Att.