HomeMy WebLinkAboutCOM 0485.014 2012-2014 PI PG
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Murashige, Laura
From: Lynn A.H. Gibbs [Igibbs @carlsmith.com]
Sent: Friday, February 14, 2014 4:28 PM
To: 'counciltestimony @ co.hawaii.hi.us'
Cc: Steven S.C. Lim; Catherine L.M. Hall; Jason K. Knable; 'dkauka @co.hawaii.hi.us';
'wbrilhante @co.hawaii.hi.us'; duanekanuha @co.hawaii.hi.us
Subject: Hualalai Partners -Testimony on Bill 144-Exaction law and fair share [Final version]
Attachments: Bill 144 and Exhibits.pdf
L:J
Bill 144 and
Exhibits.pdf(698...
bar earlier email submitted today at 11:55 a.m. that transmitted the
attachment titled "Bill 144 and Exhibits" , was an incomplete version of our proposed
amendments to Bill 144, which was the result of a computer glitch. Attached please find
the complete and final version of our proposed amendments to Bill 144 . Please discard our
11:55am email from today with attachment and replace it with this final "Bill 144 and
Exhibits" version. we apologize for any confusion. Thank you.
LynnA.H.Gibbs
Legal Secretary / Office Manager 1 Carlsmith Ball LLP
121 WAIANUENUE AVENUE, HILO, HI 96720
Direct: (808) 969-8405 Fax: (808) 935-7975 Web: www.carlsmith.com Email:
lgibbs @carlsmith.com
Uniquely Positioned to Represent Clients Throughout the Pacific Honolulu • Hilo • Kona •
Maui • Guam Los Angeles
IMPORTANT/CONFIDENTIAL: This message may contain confidential and privileged information.
If it has been sent to you in error, please reply to inform the sender of the error and
then delete this message.
92
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COCJ
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Comm. No. F* : /
Ref. To: 12/PC--1 Ref. Date FB 1 2014 8
..
COUNTY OF HAWAII - ��`" STATE OF HAWAII
BILL NO. _144 [raft XX1.
ORDINANCE NO.
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--FIVE
ACRES (A-5a)TO SINGLE-FAMILY RESIDENTIAL— 15,000 SQUARE FEET (RS-15) AT
KAHULUI 2ND,NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-5-017:043.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 25-8-3, Article 8, Chapter 25 (Zoning Code) of the Hawai`i County
Code 1983 (2005 Edition), is amended to change the district classification of property described
hereinafter as follows:
The district classification of the following area situated at Kahului 2",North Kona,
Hawai`i, shall be Single-Family Residential— 15,000 square feet(RS-15):
Beginning at the Southwesterly corner of this parcel of land, being also the
Southeasterly corner of Lot D, the Northeasterly corner of Lot 131 of Pualani Estates
subdivision and a point on the Northwesterly side of Royal Patent 6716 Land Commission
Award 4887, Apana 2 to Thomas Sams the coordinates of said point of beginning referred
to Government Survey Triangulation Station"KAHELO" being 1,894.92 feet North,
6,654.29 feet East and running by azimuths measured clockwise from True South:
Thence, along Lot D, and the remainder of Royal Patent 1669, Land Commission Award
8516-B, Apana 3 to Kamaikui:
1. 158° 16' 12" 715.98 feet to a point;
Thence, for the next two (2) courses following along the Southerly side of Hualalai Road:
2. 250° 07' 30" 24.88 feet to a point;
3. 258° 39' 30" 35.12 feet to a point;
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Thence along Lot 1:
4. 252° 53' 25" 141.12 feet to a point;
Thence along Lot 1; along the middle of a stonewall and along Grant 983 to Kipola:
5. 256° 21' 32" 281.08 feet to a point;
Thence, for the next two (2) courses along Lot 1 and the remainder of Royal Patent 1669
Land Commission Award 8516-B Apana 3 to Kamaikui:
6. 347° 08' 00" 126.74 feet to a point;
7. 257° 08' 00" 184.67 feet to a point;
Thence, for the next twenty eight (28)courses following along the Southerly side of
Hualalai Road:
8. 306° 24' 30" 14.19 feet to a point;
9. 300° 46' 30" 34.99 feet to a point;
10. 297° 35' 30" 64.03 feet to a point;
11. 300° 44' 30" 34.78 feet to a point;
12. 307° 05' 30" 41.37 feet to a point;
13. 302° 23' 30" 38.59 feet to a point;
14. 303° 03' 00" 22.82 feet to a point;
15. 290° 19' 00" 20.64 feet to a point;
16. 279° 35' 30" 23.87 feet to a point;
17. 273° 18' 30" 25.35 feet to a point;
18. 264° 35' 30" 92.14 feet to a point;
19. 268° 18' 00" 54.95 feet to a point;
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20. 274° 07' 00" 37.18 feet to a point;
21. 278° 01' 30" 51.30 feet to a point;
22. 295° 14' 30" 22.05 feet to a point;
23. 308° 19' 30" 20.69 feet to a point;
24. 325° 39' 30" 20.68 feet to a point;
25. 334° 17' 30" 21.48 feet to a point;
26. 336° 02' 30" 33.82 feet to a point;
27. 340° 24' 30" 67.33 feet to a point;
28. 334° 52' 00" 6.52 feet to a point;
29. 341° 39' 30" 26.14 feet to a point;
30. 347° 00' 30" 72.51 feet to a point;
31. 350° 18' 30" 18.90 feet to a point;
32. 345° 48' 30" 19.77 feet to a point;
33. 329° 30' 30" 15.17 feet to a point;
34. 307° 10' 30" 42.94 feet to a point;
35. 316° 36' 30" 11.53 feet to a point;
Thence for the next nineteen (19) courses along the middle of stonewall; along Royal
Patent 6716, Land Commission Award 4887, Apana 2 to Thomas Sams:
36. 72° 44' 30" 66.50 feet to a point;
37. 74° 32' 20" 77.76 feet to a point;
38. 87° 49' 10" 36.53 feet to a point;
39. 70° 17' 20" 80.56 feet to a point;
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40. 80° 42' 40" 38.66 feet to a point;
41. 77° 56' 10" 30.09 feet to a point;
42. 85° 08' 40" 56,81 feet to a point;
43. 95° 30' 20" 32.20 feet to a point;
44. 83° 15' 10" 37.88 feet to a point;
45. 93° 22' 50" 40.53 feet to a point;
46. 78° 31' 30" 30.97 feet to a point;
47. 67° 43' 30" 25.01 feet to a point;
48. 83° 04' 15" 75.51 feet to a point;
49. 76° 43' 50" 56.82 feet to a point;
50. 79° 32' 10" 85.53 feet to a point;
51. 70° 31' 50" 49.92 feet to a point;
52. 81° 42' 30" 63.08 feet to a point;
53. 77° 02' 50" 54.92 feet to a point;
54. 76° 18' 30" 192.73 feet to a point of beginning and containing an
area of 14.968 Acres, more or less.
All as shown on the map attached hereto, marked Exhibit "A" and by reference
made a part hereof.
SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 (2005
Edition), the County Council finds the following conditions are:
L1 Necessary to prevent circumstances which may be adverse to the public
health, safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
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(A) Protection of the public from the potentially deleterious effects of
the proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
A. The applicant, its successor or assigns shall be responsible for complying with all
stated conditions of approval.
B. The applicant shall comply with the amended Waiaha Water System Water
Development Agreement executed with the Water Board, or shall otherwise obtain
the issuance of the necessary water commitment for the proposed project from the
Department of Water Supply, prior to the submittal of a subdivision application to
the Planning Department for the proposed project.
C. Final Subdivision Approval for the proposed development shall be secured from
the Planning Director within five(5)years from the effective date of this ordinance.
Final Subdivision Approval for the project shall be subject to the completion or
bonding for completion of the dedicable Minor Street connecting Paulehia Street to
Hualalai Road as required in Condition I of Ordinance No. 10-02.
D. Restrictive covenants in the deeds of all proposed lots within the property shall give
notice that the terms of the zoning ordinance prohibit the construction of a second
dwelling unit and condominium property regimes on each lot. This restriction may
be removed by amendment of this ordinance by the County Council. The owner of
the property may also, in addition, impose private covenants restricting the number
of dwellings. A copy of the proposed covenant(s) to be recorded with the State
Bureau of Conveyances shall be submitted to the Planning Director for review and
approval prior to the issuance of Final Subdivision Approval. A copy of the
recorded document shall be filed with the Planning Department upon its receipt
-5-
from the Bureau of Conveyances.
E. Roadway connections to adjoining TMK: 7-5-17: 42 shall be provided as required
under Condition H of Ordinance No. 10-2.
F. Access to Hual"alai Road, including the provision of adequate sight distances, shall
meet with the approval of the Department of Public Works. Vehicular access from
Hualalai Road to individual lots shall be prohibited.
G. The applicant shall construct a connector road within the project between the
proposed Pualena Street Extension and Hualalai Road which shall be constructed to
"Minor Street" dedicable standards and dedicated to the County at no cost.
Concrete curb, gutters and sidewalks shall be provided in areas of pedestrian traffic
in conformance with adjoining development and the Department of Public Works'
policy. No security gate shall be installed on any roadway of or entrance to this
project. The developer, the homeowner, and/or the homeowner's association shall
be responsible for any landscaping within the right-of-way, meeting with the
approval of the Department of Public Works,and shall provide repair to any public
facility damaged by landscaping.
H. The applicant shall realign the right-of-way boundary along the subject property
frontage of Hualalai Road to an alignment meeting with the approval of the
Department of Public Works and dedicate any additional right-of-way to the
County, between the existing subject property right-of-way boundary and the
subject property-side of the realigned 50-foot wide right-of-way. An additional
5-foot wide future road widening setback easement shall be provided along the
property frontage and dedicated to the County upon request, at no cost to the
County. A sight distance easement shall be provided and maintained to address the
sight distance limitation at the intersection of Hualalai Road with
-6-
IIienaloli-Kahului Road.
TheSu.ject to obtaining the consent of the applicable fee owners, the
applicant shall provide improvements to the south side of Hualalai Road, as
described in Exhibit A attached hereto and made a part hereof, along the entire
frontage of Parcel -. - .. - - •- - , =- - •-- - '3,a wel l as
along the offsite Parcels 1 I and 30,which road improvements shall include
grading,pavement and roadside widening,transition resurfacing,street liuhts,suns
and markings,drainage improvements, and any relocation of utilities. meeting-with
-- .:: . • . -- '
'., ! S . .. • • .. . , - :, - ,
. - -; - - '.: ,!!! These road safety improvements to
Hualalai Road need not comply with all County-dedicable roadway standards, but
the improvements described in Exhibit A shall meet with the approval of the
Department of Public Works and shall be accepted for dedication by the Council.
If the applicant is unable to obtain the consent of the applicable fee owners of
Parcels I 1 and 30 to construct and dedicate the land and Hualalai Road
improvements to the County,the applicant shall dedicate land and construct
improvements to Hualalai Road as required by DPW,but only up to a maximum
cost of its fair share for road and traffic improvements under Condition Q herein.
I. Install street lights, signs and markings on Iualalai Road, meeting with the
b-A drainage study shall be prepared by a licensed civil engineer and submitted for
-7-
approval by the Department of Public Works. The recommended drainage
improvements shall be constructed,meeting with the approval of the Department of
Public Works prior to Final Subdivision Approval.
K. M. The development shall connect to the County sewer system, meeting with the
approval of the Department of Environmental Management.
j, N-During construction, measures shall be taken to minimize the potential of both
fugitive dust and runoff sedimentation. Such measures shall be in compliance with
construction industry standards and practices utilized during construction projects
of the State of Hawai`i.
M. 4.-Earthwork and grading shall conform to Chapter 10, Erosion and Sediment
Control of the Hawai`i County Code.
N PT-Comply with Chapter 11-55, Water Pollution Control, Hawai`i Administrative
Rules, Department of Health, which requires a NPDES permit for certain
construction activity.
Q
QT-Should any undiscovered remains of historic sites, such as rock walls,terraces,
platforms, marine shell concentrations or human burials be encountered, work in
the immediate area shall cease and the Department of Land and Natural
Resources-Historic Preservation Division(DLNR-HPD) shall be immediately
notified. Subsequent work shall proceed upon an archaeological clearance from the
DLNR-HPD when it finds that sufficient mitigation measures have been taken.
P 1-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, Hawai`i County Code relating to Affordable Housing Policy. This
-8-
requirement shall be approved by the Administrator of the Office of Housing and
Community Development prior to Final Subdivision Approval.
Q, S-The applicant shall make its fair share contribution to mitigate the potential
regional impacts of the property with respect to parks and recreation, fire, police,
solid waste disposal facilities and roads. 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 lot counts are
adjusted. The fair share contribution shall become due and payable prior to receipt
of Final Subdivision Approval. 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 the amendment to the ordinance, based on the percentage change
in the Honolulu Consumer Price Index (HCPI). The fair share contribution shall
have a maximum combined value of$13,081.99 per single-family residential unit.
The total amount shall be determined with the actual number of units according to
the calculation and payment provisions set forth in this condition. The fair share
contribution per single-family residential unit shall be allocated as follows:
• $6,308.37 per single-family residential unit to the County to support park and
recreational improvements and facilities;
• $304.32 per single-family residential unit to the County to support police facilities;
• $601.06 per single-family residential unit to the County to support fire facilities;
• $263.15 per single-family residential unit to the County to support solid waste
facilities;
• $5,605.09 per single-family residential unit to the County to support road and
traffic improvements;
-9-
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. The applicant may elect to construct improvements to Hualalai
Road as described in Exhibit A attached hereto and incorporated herein by,
reference, as those road improvements provide a direct benefit for safe access to
parks, recreational and solid waste facilities, and improve emergency access for
police and fire services. The total costs of land contributed and improvements to
ualalai R•.. ..oder thi . •••• '.n hal •e credited .main h- . .1 fair hare
contribution to mitigate the potential regional impacts of the property with respect
to parks and recreation fir • li - slid waste disposal facilities and road and
traffic improvements required in this Condition. If the applicant elects not to
construct the Hualalai Road irpprgvements as described in Exhibit A,the applicant
shall ither day_ the fair share for road and traffic im•rovements or donate land and
construct improvements to Hualalai Road as required by the Department of Public
Works up to the maximum cost of its fair share for road and traffic improvements
in this Condition, and in that event,the applicant may receive a credit against the
fair share contribution required for the road and traffic improvements in the amount
of the costs of land and construction of the improvements to Hualalai Road
described in Conditions H and I respectively herein.
T. Should the Council adopt a Unified Impact Fees Ordinance setting forth criteria for
imposition of exactions or the assessment of impact fees, conditions included
herein shall be credited towards the requirements of the Unified Impact Fees
Ordinance.
-10-
U. The applicant shall comply with all applicable County, State and Federal laws,
rules, regulations and requirements.
V. An initial extension of time for the performance of conditions within the ordinance
may be granted by the Planning Director upon the following circumstances:
1. The non-performance is the result of conditions that could not have been
foreseen or are beyond the control of the applicant, successors or assigns,
and that are not the result of their fault or negligence.
2. Granting of the time extension would not be contrary to the General Plan or
Zoning Code.
3. Granting of the time extension would not be contrary to the original reasons
for the granting of the change of zone.
4. The time extension granted shall be for a period not to exceed the period
originally granted for performance (i.e., a condition to be performed within
one year may be extended for up to one additional year).
5. If the applicant(s) should require an additional extension of time, the
Planning Department shall submit the applicant's request to the County
Council for appropriate action.
Should any of the conditions not be met or substantially complied with in a timely
fashion, the Planning Director may initiate rezoning of the property to its original
or more appropriate designation.
SECTION 3. In the event that any portion of this ordinance is declared invalid, such
-ll-
invalidity shall not affect the other parts of this ordinance.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
,Hawai`i
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
-12-
Document comparison by Workshare Compare on Friday, February 14, 2014
10:32:31 AM
Input:
Document 1 ID C:\Users\21ah\AppData\local\ND\Original of Bill 144.doc
Description C:\Users\21ah\AppData\Local\ND\Original of Bill 144.doc
C:\Users\2lah\AppData\Local\ND\Hualalai Partners - New
Document 2 ID Version with Tracked Changes of Bill 144 without Exhibit
A.doc
C:\Users121ah\AppData\Local\ND\Hualalai Partners - New
Description Version with Tracked Changes of Bill 144 without Exhibit
A.doc
Rendering set CB No Color
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Statistics:
Count
Insertions 10
Deletions 14
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Total changes 24
EXHIBIT "A"
• Hualalai Partners of Kona, LLC
• Bill 144 - Change of Zone Application
(REZ 13-000164)
• Request: A-5A to RS-15
• Tax Map Key: (3) 7-5-017:043 :
Puapua`a 1 St. North Kona District,
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AC Overlay to provide 2 EA - 12' Lanes for 1815 LF
Item Description Unit Measure Unit Price Ext.Price
10 Mobilization 1 LS $ 6,500.00 $ 6,500.00
2.0 BMP 1 LS $ 9,600.00 $ 9,600.00
3.0 Traffic Signage 1 LS $ 13,000.00 $ 13,000.00
4.0 Traffic Control 3 MO $ 9,900.00 $ 29,700.00
5.0 Roadway Excavation 340 CY $ 45 00 $ 15,300.00
12" below Existing Grade x 5'
6.0 2"AC Paving(26 x1815') 5243 SY $ 48.00 $ 251,664.00
Less Lot 11(45(178') 80 5Y $48.00 $ (3,840.00)
7.0 4"Base Course 7260 SF $ 2.75 $ 19,965.00
Less Lot 11(4'x178') 712 SF $ 2.75 $ (1,958.00)
8.0 6"Sub Base 7260 SF $ 2.50 $ 18,150.00
Less Lot 11(4'x178') 712 SF $ 2.50 $ (1,780.00)
13,0 20'Drywell 3 EA $ 28,000.00 $ 84,000.00
14.0 Sign and Striping 1 L5 $ 16,000.00 $ 16,000.00
15.0 Pole Mounted Street Light 3 EA $ 3,000.00 $ 9,000.00
16.0 Guard Rail 220 LF $ 10000 $ 22,000.00
17.0 Existing Roadway tie in 2 EA $ 3,500.00
$ 7,000.00
18.0 Tie in at Hienaloli Rd. 1 LS $ 10,000.00 $ 10,000.00
Sub-Total
$ 494,301.00
GE Tax at 4.16% $ 20,563.00
Total $ 514,864.00
The Project's fair shore contribution for roads and traffic under Condition S of Bill No.144,
Draft 1 Is$241,019($5,605.09 x 43 lots=$241,018.87).
A -4