HomeMy WebLinkAboutREP PC 217 04/07/1987 1984-1988 110 REPORT OF THE 411
COMMITTEE ON PLANNING
DATE : April 7 , 1987 Re: Comm . 910
PLACE : Councilroom
TIME : 1 :30 p.m .
Chairman and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No . 311 ,
regarding Conditions J, L, M and N of change of zone Ordinance
No . 869 , Hawaiian Kona Coast Associates , Kahului , North Kona,
TMK : 7-5-19 : 1 , 44 & 45 , reports as follows:
The purpose of Bill 311 is to amend Ordinance 869 . In support of the
amendment , the Planning Commission stated, "The proposed amendments
are consistent with the intent of the original requirements which is
to ensure the timely installation of the improvements and to avoid
adverse effects on surrounding properties . The proposed amendments
would additionally allow development to proceed while the larger
improvements are in the process of design , permitting and
construction. " '
Bill 311 passed first reading of the County Council on February 4 ,
1987; however , at its meeting of February 18 , 1987 , the Council
recommitted the bill to the Planning Committee for further discussion
and clarification. The bill was forwarded to the County Council for
second reading on March 4 , 1987; however , it was again recommitted to
the Planning Committee for further discussion .
Of specific concern to the Council was the question of whether or not
the Council will have the authority to increase the applicant ' s
pro rata share of development costs (for drainage and road
improvements as specified in Bill 311 ) in the event actual
improvement costs should drastically increase in the future.
Your. Committee on Planning was informed by Corporation Counsel that
if the Chief Engineer should determine (in the future) that
development costs have increased , the developers ' pro rata share may
be increased accordingly.
The Planning Director reported, however , that the understanding that
the developer has with the Planning Department is that once the
pro rata share is agreed on, the figure should not be revised.
The Planning Director referred the committee to a drafting error to
Condition M of Bill 311 . The bill has been amended accordingly.
PC REPORT NO , 217
ADOPTED : MAY 6 1987
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!II 411
PC-217 Page 2 April 7 , 1987
Your committee again considered Bill 311 on April 7 , 1987 . Planner
Keith Kato from the Planning Department explained that the proposed
amendments are basically aimed at clarifying the intent of the bill .
He explained that the concept of assessing pro rata fees remains and
that the developer is still prevented from developing the flood
plains until flood prevention improvements are completed .
The amendments , in general , involve two major areas of concern:
(a ) construction of the proposed Alii Highway through the subject
property; and (b ) installation of drainage improvements within the
Waiaha flood plain. The amendments impose a time schedule as to when
pro rata payments are to be made and require the County to establish
an interest bearing account for the sole purpose of holding monies
which are to be spent exclusively for the design and implementation
of the Alii Highway project and the Waiaha flood plain improvement .
The amendments further state that if the pro rata funds collected are
not spent or encumbered within 15 years of the date of receipt , they
shall be refunded to the payor or the payor 's agent .
Councilman Russell Kokubun stated that the amendments were drafted
after consultation with the Corporation Counsel , Planning Director ,
Chief Engineer and Deputy Chief Engineer and that the amendments
succeed in clearly outlining the developer 's and County's
responsibilities . He added that the amendments represent standards
which the County may refer to in the future, should a similar
situation surface . He further informed the committee that the
developers are aware of the amendments and have no objections .
Councilman Kokubun also stated that the Corporation Counsel is
drafting an ordinance to establish the special account to hold the
pro rata funds . Although the special account has not as yet been
created, he recommended that action on Bill 311 not be delayed
because , in all likelihood , the special account will be in place
before the first pro rata payment is received.
The Planning Director informed the committee that he will be
forwarding to the Council , copies of memoranda explaining how the
15-year time frame and pro rata assessments were arrived at .
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l ..,
Ili 410
PC-417 Page 3 April 7 , 1987
Your Committee on Planning is ,now in accord with the intent and
purpose of Bill 311 , Draft 3 , and recommends that it pass second and
final reading.
vitireortA, '
TAKASHI DOMINGO, CHAIRMAN
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SPENCER K. SCHUTTE, VICE CHR. FRANK DE LUZ III , MEMBER
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ROBERT N. HERKES,e , ' I ,... MEMBER LORRA E R. �i iV'AKU-INOUYE" EMBE''
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RdSSELL S. KOKUBUN, MEMBER MERLE . LAI, MEMBER
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