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HomeMy WebLinkAboutREP PC 066 02/05/2008 2006-2008 REPORT OF THE COMMTTTEE ON PLANNING DATE: February 5, 2008 Re: Comm. No. 980/Resolution No. 516-08 PLACE: Councilroom Ben Franklin Building 333 Kilauea Avenue, 2"d Floor Hilo, Hawaii TIME: 1:30 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Resolution No. 516-08, reports as follows: Resolution No. 516-08, transmitted via Communication No. 980 from Christopher J. Yuen, Planning Director, dated January 24, 2008, transmitting the proposed Resolution authorizing approval of in lieu fair share contribution Condition "I3" of Change of Zone Ordinance No. 02-25 regarding PARKER LAND TRUST, landowner of approximately 386.5 acres of land at Ouli, Lanikepu, Lalamilo, Waikoloa and Pu`ukapu, Waimea, South Kohala, Hawaii, TMK: (3) 6-2-1:9; 6-7-1: portion of 25; 6-7-2:9, 48, portion of 17; and 6-8-1: portions of 1 and 8. Resolution No. 516-08 states that Condition "H" of Change of Zone Ordinance No. 02-25 requires landowner to comply with the requirements of fair share contribution to mitigate potential impacts of the project and that Condition "H(5)" requires payment of fair share contribution to support road and traffic improvements. It also provides that in lieu of paying the fair share contribution, cost of constructing the improvements and the fair market value of land contributed (required under Condition "M(I)") shall be credited against the sum specified in Condition "H(5)" relating to road and traffic improvements. Condition "M(1)(a) and (b) of Change of Zone Ordinance No. 02-25 requires Parker Land Trust to construct a connector road and intersection extending from the western intersection with Mamalahoa Highway (in vicinity of the Vacuum Cooling Plant) to its northern intersection with either Kamamalu Street or Mamalahoa Highway in the vicinity of the Waimea Civic Center. To comply with this condition, Parker Land Trust provided a bond in the amount of $4,507,000.00 and entered into an agreement with the County to construct Phase III of the connector road. Condition "M(1)(c)" requires Parker Land Trust to construct improvements to the intersection of Mamalahoa Highway and Kaomoloa Street. To comply with this condition, Parker Land Trust completed construction of the intersection at an actual cost of $200,032.00 and the Planning Director approved the actual cost amount of $200,032.00 to satisfy the in lieu fair share contribution. The total in lieu credit amount to offset a portion of the fair share contribution to support road and traffic improvements as required in Condition "H(5)" of Change of Zone Ordinance No. 02-25 is $4,707,032.00. PC Report No. 66 Communication 980 Resolution 516-08 Page 2 of 3 At the February 5, 2008 Planning Committee meeting, Council Chair Hoffmann expressed concern that although the resolution speaks to in lieu fair share credit as it relates to Phase III construction costs, he felt that determining other credits for Phase I or the need to find a terminus of the connector road at Kamamalu and Mamalahoa Highway (the key to the entire issue of beginning to solve some of the traffic problems) should have been included or at least have those numbers available also. Director Yuen stated that although the settlement agreement obligates applicant to build Phase I as well, it is not included in this resolution. Mr. Yuen explained this was brought forward as a condition of final subdivision approval which is normally the stage in the process when fair share or in lieu credit is presented. Mr. Yuen stated that the bond amount for Phase III more than covers the development. However, Mr. Hoffmann felt that applicant's obligations relating to other phases should also be included in the resolution or at least the responsibilities relating to other areas be set forth in Condition M. Council Member Ford expressed concern relating increases in construction costs each month a bonded road is not built. Particulazly, if the measure is approved and the road is not built until several years later, would the bond amount be sufficient to complete construction. Ms. Ford stated that although she was not comfortable with this resolution and would personally prefer that road construction be completed at this time, she would follow Mr. Hoffmann's lead. Director Yuen explained that there are two triggers for final subdivision approval. The first requires completion of so many lots and the second provides that approval be in conjunction with development of the immediately surrounding property. Mr. Yuen noted that applicant has done some development along Phases I and III, but none along Phase II of the road. Therefore, neither trigger has been reached for Phase II but the result is that there will be construction of Phases I and III. Mr. Yuen further explained that the Phases are in the order of Phase III, Phase I, and Phase II. Phase III is from across the Vacuum Cooling Plant to Kaomoloa, Phase 1 is from Kaomoloa to Pukalani and Phase II is from Pukalani back to Mamalahoa Highway in the vicinity of Kamamalu. Council Chair Hoffmann noted that this is a classic case of what happens when a developer is obligated to complete a road and then foot drags. Mr. Hoffmann noted this is a cleaz demonstration of a situation wherein had the applicant proceeded in 1998 and 1999 like the ordinance indicates, a road would have been completed and some of Waimea's traffic problems resolved at half the cost to Pazker Trust. He concluded that the resolution merely requests a fair share in lieu credit for what's basically Phase III of the road but it does not build the connector road. Mr. Hoffmann noted that this resolution has to pass or the matter won't go anywhere and expressed his absolute frustration over the fact that there is no clear cut way of ensuring that all conditions are known at this point in time. Mr. Hoffmann stated he would have preferred including references in the resolution that provided a cleazer picture of what is required of Parker Trust to build the connector. PC Report No. 66 2 Communication 980 Resolution 516-08 Page 3 of 3 Committee Chair Pilago noted the shared concerns and reservations regarding this proposal and the situation it presents, however, in this case he stated this matter must move forward favorably despite difficulties regarding chronology of the Phases, completion of agreement obligations and floating of the bond. Your Committee on Planning is in accord with the purpose and intent of Resolution No. 516-08 and recommends its adoption. and Wyss xoES A&E Ex Respectfully submitted, FORD X HIGA X COMIvIITTEE ON PLANNING HOFFMANN X ~ / II~DA X JACOBSON X ~ C~ NAEOLE X K. ANGEL PILA ,CHAIR PII.AGO X YAGONG X PC REPORT NO. 66 YosimKOTO X .aDOPTEn: FEB 2 1 2~OB 3