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Home My WebLink AboutREP PC 067 02/05/2008 2006-2008 REPORT OF THE COMMTTTEE ON PLANNING DATE: February 5, 2008 Re: Comm. No. 981/Resolution No. 517-08 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. 517-08, reports as follows: Resolution No. 517-08, transmitted via Communication No. 981 from Christopher J. Yuen, Planning Director, dated January 24, 2008, transmitting the proposed Resolution authorizing approval of in lieu fair share contribution Condition "fP' of Change of Zone Ordinance No. 02-25 regazding 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. 517-08 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(1)" requires payment of fair share contribution to support park and recreational improvements and facilities. 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 "G" and "M(1)") shall be credited against the sum specified in Condition "H(1)" relating to park and recreational improvements. Condition "G" of Change of Zone Ordinance No. 02-25 requires Parker Land Trust to provide 30+/- acres of land for public park and recreational purposes outside of the geographical area covered by said ordinance, the exact location to be determined and mutually agreed upon between Parker Land Trust and the Planning Director, in consultation with the Department of Parks and Recreation. To comply with this condition, Parker Land Trust will dedicate 8.467 acres of land to the County to be used as trail easements for the Waimea Greenways and Trails, at a fair market value of land in the amount of $563,259.65, to satisfy the in lieu fair share contribution. Condition "M(1)(h)" requires Parker Land Trust to provide a minimum often (10) acres of land as a perpetual open space/park easement for the general public, to be located within the commercially zoned area of the Waimea Town Center area. To comply with this condition, Parker Land Trust completed construction on a 10-acre park site of amulti-purpose athletic field (maintained by the YMCA). The actual cost of the park and recreational improvement was $339,479.30. The total in lieu credit amount to offset a portion of the fair share contribution for PC Report No. 67 Communication 981 Resolution 517-08 Page 2 of 3 park and recreational improvements and facilities as required in Condition "H(1)" of Change of Zone Ordinance No. 02-25 is $902,738.95. At the February 5, 2008 Planning Committee meeting, Robert M. Hunter, Ph.D., P.E. presented testimony at the Hilo Councilroom and commented regarding a question of timing and when Parker Trust should be given credit against its fair share obligation. Dr. Hunter felt that Resolution No. 517 was premature only in that regazd due to the legality of the fair share system and the State's requirement for an impact fee ordinance. Dr. Hunter also noted that Condition G failed to state whether Parker Trust is providing an "easement" especially since "fee simple" transfer of the land was envisioned. In addition, he stated Condition G states that park site(s) shall be dedicated to the County and, although not defined in the ordinance, there is a differentiation in the County Code between a "perpetual and everlasting easement" and "dedication in fee simple title or ownership." Council Chair Hoffmann stated that Condition G requires applicant to provide 30 acres of land which shall be dedicated to the County, however in another section, it talks about a public park easement. Mr. Hoffmann noted that there is a difference between a dedication of land versus a park easement and therefore Condition G and Condition M appear inconsistent. Director Yuen stated he believes an easement can be dedicated and need not be in transferred in fee simple and that the County's use of the trail can be obtained through an easement which need not be owned by the County in fee simple in order to allow the public's use. Chair Hoffmann requested Director Yuen to provide an explanation why "dedication" is referenced and included in the ordinance but now has a different connotation. Council Member Jacobson inquired whether or not it was too late to demand fee simple dedication since he did not favor easements that would result in continued control and be subject to the whims of private landowners. Mr. Jacobson also inquired whether Parker Trust would be responsible for maintenance of the easement and for paying property taxes. Director Yuen explained that fee simple ownership would create a sepazate trail lot comprised of various properties and require subdivision of all properties that cross the trail. Director Yuen stated he would address questions raised by Mr. Jacobson. Council Member Ford requested a better map of the stream area which Dr. Hunter stated was located within the 100 year flood plain. Ms. Ford also noted that Hawaii Revised Statutes requires a property owner to maintain streams and therefore noted that questions may arise if portions of the trail are located or cross the stream bed. Council Chair Hoffmann explained that out of the 30 acres, 8 acres is located along the stream and therefore one of the questions raised was that of value. Mr. Hoffmann said it was important to note and address the distinct differences between "dedication" and "easement" and whether or not if we agree to dedication of one, would it affect the other. Mr. Hoffmann also requested responses from Planning Director and Parks and Recreation regazding appraisals of the property. PC Report No. 67 2 Communication 981 Resolution 517-08 Page 3 of 3 Council Member Yagong noted the legitimate question between "dedication" and a "fee simple easement" and said that if the 8 acres of Parker Trust is an easement, would Parker Trust be able to place conditions on the use of the property. Mr. Yagong stated, for example, if there exists an easement to go fishing but the easement is owned by a community association who established limitations, the landowner still sets these limitations. Mr. Yagong expressed concern that if an easement is accepted, does that result in the County being beholding to restrictions. Director Yuen stated he believes that typically an easement for a specific purpose would come with restrictions and likewise, a dedication could also include limitations. Mr. Yagong noted that if the property was taken as an easement the County would still have input as to use and that he certainly would not want to road-block something that the community has worked on for years. Mr. Yagong concluded he was willing to give his approval with the understanding that the County have control of some of the conditions. Council Chair Hoffmann made note that the 8-acre easement prohibits use of the trail by equestrians and that the County is assessed approximately $66,000 per acre for property that is located in a flood plain. Mr. Hoffmann expressed that he did not want to stop this measure but felt that the community needs to have answers. Council Member Jacobson noted that easement values were not attached to the packet and wanted to see the July 3`d letter referencing the worth to be $87,000 per acre. Council Member Ford noted that there were too many issues outstanding and that she was very uncomfortable in supporting the measure without first obtaining comments from the Department of Public Works. Ms. Ford's motion to postpone this matter until answers to the various questions raised could be obtained, failed. A motion to approve this measure received four aye votes. Pursuant to Council Rules, 5 aye votes are needed to pass a measure. Therefore, your Committee on Planning forwards Resolution No. 517-08 to the Council with a negative recommendation. and AYES NOES A&E EX Raspectfiilly SUbinlne(1, FORD X HIGA X CObIIvIIT'fEE ON PLANNING HOFFMANN X II~DA X JACOBSON X ' NAEOLE X K. NGEL PILA , C PII.AGO X YAGONG X PC REPORT NO. 67 YOSHIMOTO X ADOPTED: 3 OFFICE INFORMATION ONLY Meeting: March 12, 2008 -Council Meeting (31st Session) Action: Close File -March 12, 2008 Re: RESOLUTION 517-08/C-981/PC-67