HomeMy WebLinkAboutRECOMMENDATIONRlkaikaOhanaREZAmend.crk.10.22.2020
COUNTY OF HAWAII PLANNING DEPARTMENT
RECOMMENDATION
IKAIKA OHANA(FORMERLY GIAMPAOLO "PAUL" BOSCHETTI)
AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 10 32 (REZ 09-103)
Upon careful review of the request to amend conditions of Ordinance No. 10 32, the
Planning Director is recommending that a favorable recommendation for the applicant's
proposed amendments Conditions E and G, a favorable recommendation with
modifications to Conditions P and R and an unfavorable recommendation for the proposed
amendment to Condition J be forwarded to the County Council. Since this recommendation
is made without the benefit ofpublic testimony, the Director reserves the right to modify and/or
alter this position based on additional information presented at the public hearing. This
recommendation is based on the following findings:
The current landowner and original applicant, Giampaolo "Paul"Boschetti,
sought and was granted a change of zone for the subject properties to facilitate the
development ofa proposed 100-unit, market rate, multiple-family rental housing project
and related improvements. Despite the landowner's efforts over time to complete the
development, he has abandoned the project due to uncertainty in financial markets and
fluctuations in demand for market-rate, multiple-family rental units in Hilo. Instead, Mr.
Boschetti (seller)has entered into a purchase agreement with the intent to sell the
property to A0705 Hilo, L.P. (buyer),which is a single purpose limited partnership and
an affiliate of Ikaika Ohana(applicant). Ikaika Ohana is a nonprofit 501(c)3 organization
with a mission of developing and operating affordable housing, including projects on the
mainland, Oahu, Maui and three existing affordable rental projects in Hilo and one under
development in Waikoloa.
Upon transfer ofproperty ownership, Ikaika Ohana is proposing to develop
Kaiaulu 0 Kapiolani, a 64-unit, 100% affordable rental housing development(63 units
with income restrictions between 30% and 60%of area median income and one(1)
unrestricted manager's unit). The applicants original site plan proposed twenty-eight(28),
two (2)-bedroom units,twenty-nine(29), three(3)-bedroom units and seven(7), four(4)-
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bedroom units within eight(8), two (2)-story buildings. Also shown are a community
center building, play area,two (2) laundry facilities, community gardens, and 116 parking
stalls including five(5)handicapped stalls. However, the applicant submitted an updated
site plan(see P.D. Exhibit 2)that removed the proposed building height, unit summary,
proposed building and floor area, open space area, overall parking area and number of
parking stalls to maximize flexibility in site design.
According to the applicant, the proposed affordable housing development will be
financed through Low-Income Housing Tax Credits (LIHTC),bonds, Section 8 project-
based vouchers, a State Hawaii Housing Finance&Development Corporation(HHFDC)
Rental Housing Revolving Fund loan(RHRF), and other private sources. In January
2019, the buyer received an award ofvouchers from the County of Hawai`i Office of
Housing and Community Development. In December 2019,the buyer received awards of
LIHTC,bonds, and RHRF financing from HHFDC. The sale of the property and transfer
of ownership will take place when all ofthe financial resources are finalized and made
available to the development, which will be approximately the same time as the start of
construction.
Construction of the proposed affordable housing project is anticipated to begin in
the first quarter of 2021 and is estimated to cost approximately$40 million and take two
2) years to complete. Finally, components of the proposed project's funding requires that
the units remain affordable for a minimum of thirty(30) years,however,the applicant is
proposing to maintain the affordability restrictions for sixty-five (65) years.
In order to reduce costs and to facilitate the sale of the property and subsequent
development of the proposed 100% affordable housing project within tight budget
constraints and stringent funding requirements,the applicant is requesting the following
amendments to Change of Zone Ordinance No. 10 32:
A five(5) year time extension to Condition E(Time to Complete
Construction) ;
A one(1) year time extension to Condition G(Time to Dedicate Road
Widening Strip);
Deletion of Condition J (Requirement to Install Streetlights and Traffic
Control Devices);
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Deletion of Condition P (Fair Share Requirements); and
Deletion of Condition R(Impact Fees).
Please note that the applicant initially requested deletion of the requirement
for additional parking spaces articulated in Condition E. However, they submitted a
request to withdraw that amendment request via letter dated October 22, 2020.
As previously stated, the Planning Director is supportive of the time extension
requests as they meet the the following criteria for granting a time extension:
The non-performance on timed conditions is the result of conditions that
could not have been foreseen or are beyond the control of the applicants, successors
or assigns, and that are not the result of their fault or negligence.Upon successfully
obtaining a change of zone in 2010, Mr. Boschetti began working on compliance with
conditions of approval towards the development of a 100-unit,market-rate rental housing
development on the subject parcels. This included obtaining water commitments for the
project(Condition B), securing Final Subdivision Approval to consolidate the subject
parcels, subdividing out a ten(10)-foot wide future road widening setback for dedication
to the County(Conditions D and G), and granting of drainage easements to the County
Condition F).
Despite these efforts, the landowner was unable to finish construction by
May 2015, so he requested and was granted a five(5)-year administrative time extension
to May 10, 2020 to complete construction and dedicate the future road widening strip to
the County. However, citing uncertainty in financial markets and fluctuations in demand
for market-rate,multiple-family rental units in Hilo, the landowner was unable to
complete his project and entered into a purchase agreement with A0705 Hilo, L.P. an
affiliate of the applicant, Ikaika Ohana, a nonprofit 501(c)3 organization with a mission
ofdeveloping and operating affordable housing. The applicant is proposing to develop a
64-unit, 100% affordable rental housing development, as articulated above, and is
anticipated to be complete within two (2)to three(3) years. As the ordinance is currently
stale, the applicant is requesting a five(5)-year time extension to complete construction.
The Director is providing a favorable recommendation for this time extension request and
is proposing amendment language that is consistent with our standard condition language
instead ofthe exact language that the applicant requested.
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Additionally, despite being granted final subdivision approval in 2015, which
consolidated the subject properties and subdivided out a ten(10) foot future road
widening strip to be dedicated to the County,the State Land Court has yet to record the
subdivision action at the time of this writing. As the subdivision action has not yet been
finalized, the applicant cannot complete the future road-widening land dedication process
as required under Condition G. The applicant has been in discussions with Land Court
and believes that the requested one(1)-year time extension will provide sufficient time to
complete dedication of the road widening strip to the County.
Granting of the time extension amendments would not be contrary to the
General Plan or Zoning Code and the original reasons for granting the change of
zone. The reasons for granting the original change of zone under Ordinance No. 10 32
have not changed.
Since the subject parcel was rezoned, there has not been any significant land use
regulatory changes in this area. The current zoning (RM-1.5) continues to be consistent
with Medium Density Urban (MDU) designation in the General Plan's Land Use
Pattern Allocation Guide (LUPAG) map, which allows for a "Village and neighborhood
commercial and singlefamily and multiple family residential and relatedfunctions
multiplefamily residential--up to 35 units per acre). "
The proposed affordable housing project will be developed in accordance with
the Zoning Code, including the requirement to obtain Final Plan Approval, which will
ensure appropriate on-site parking, drainage and landscaping requirements will be met.
In addition, the proposed amendment meets the concurrency requirements of the
Zoning Code which address traffic, potable water, and Civil Defense Siren.
As the scope of the development has changed, the applicant submitted updated
estimated water demand calculations to DWS who determined that County water is
available for the project and provided an updated water commitment fee, facilities
charges, water system improvements and dedication requirements. Based on the
preceding, the Director is suggesting updating Condition B to our standard water
condition that includes the required timing of the water commitment deposit payment
and articulating the need for the applicant to maintain valid water commitments.
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Additionally, The Director is recommending updating Condition M to address the
requirements of Sewer Code and as recommended by the DEM in their memo dated
October 6, 2020.
As previously stated,the applicant initially requested deletion of the additional
parking requirement found in Condition E,but subsequently withdrew the request. At the
time County Council was hearing the request for change of zone in 2010,both the Police
Department and surrounding neighbors provided comments voicing concern that the
Zoning Code requirement of 1.25 parking spaces per multiple family residential unit
would not provide sufficient on-site parking for the then proposed 100-unit rental housing
project, which could result in residents and visitors parking in the Police Headquarters
parking lots and those of surrounding developments. Based on those concerns, the
Councilmember for the area, in coordination with the then applicant(Mr. Boschetti)
introduced an amendment to Condition E requiring that the applicant,"...develop
additional parking spaces up to a maximum of60%ofthe required spaces for the total
residential units to be built within the proposed development. "
The current applicant initially requested deletion of this additional parking
requirement condition citing the need for greater site design flexibility and the overall
benefits ofthe proposed affordable housing project. Ifrelief from the condition was
granted, the currently proposed 64-unit affordable housing development would require a
total of eighty(80)required parking spaces. The applicant has since removed that
request.
After reviewing the amendment request, the Police Department asked that the
applicant be required to adhere to the condition as written and that the County require the
developer to install "ample additional parking, "reiterating their concern that due to no
on-street parking available in the area, the likelihood of resident/visitor overflow parking
in the Police Department lot across Kapi`olani Street would have a direct negative impact
on their operation.
In the initial conceptual site plan included with their application, the applicant
listed a proposed 117 parking spaces for the project, which would have been
approximately 45%more spaces than required in the Zoning Code. However, based on
subsequent conversation with the applicant, where they cited concerns over the
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requirement ofthat amount of parking limiting their site design flexibility, the applicant
subsequently submitted an updated site plan removing reference to the additional parking
spaces. Additionally, in response to the Police Department's concerns, the applicant
indicated that they felt the amount of parking required in the Zoning Code would provide
sufficient on-site parking for the project.
While the Director supports the proposed affordable housing development,he
believes that the eighty(80)parking spaces required by the Zoning Code is likely
insufficient for the proposed development given the lack of on-street parking options in
the area. Moreover, the Director is sympathetic to the concerns ofthe Police Department
over possible impacts to their operations that may be caused by lack of adequate on-site
parking for the project.
The Director also recognizes that the current condition language requiring the
development of additional parking spaces, "...up to a maximum of 60%ofthe spaces for
the total residential units to be built within the proposed development"is ambiguous and
open to considerable interpretation and would like to provide clarity on the number of
additional parking spaces that should be provided.
Section 25-4-59.19(a) of the Zoning Code states, "The director may increase any
ofthe requirements in this chapterfor parking spaces and loading spaces, after
reviewing the proposed use and the use's impact to the immediate area, ifthe director
makes a finding that the increase willfurther the public safety, convenience, and
welfare. "Based on the proposed use, the Director is making such a finding.
Based on the preceding, the Director is recommending to amend the condition to
require 1.8 parking spaces per unit, which would require 116 parking spaces, a number
similar to what was proposed in the applicants conceptual site plan and roughly 45%of
the total spaces required by the Zoning Code. Finally, this updated requirement will only
apply should the project be developed as a 100% affordable housing project with rents
between 30% and 60% of Area Median Income(AMI) as represented by the applicant.
The request is not contrary to Chapter 205A, Hawai i Revised Statues,
relating to Coastal Zone Management. The project site is located approximately%2
mile from the nearest shoreline and is not situated within the SMA. Previous flora and
fauna surveys listed no, threatened, or endangered plant,mammalian or avian species
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were found on the properties. A 2006 Archaeological Inventory Survey and September
2020 Archaeological Field Inspection determined the only historic or cultural resource on
the property is SHPD Site 25547, which SHPD confirmed requires no further work or
preservation.
According to the applicant, they have little flexibility in their budget to address
unanticipated costs through the development ofthe project. For that reason, they are
requesting deletion of the deletion of Condition J (Requirement to Install Streetlights and
Traffic Control Devices), Condition P (Fair Share Requirements); and Condition R
Impact Fees). The Director is recommending an unfavorable favorable recommendation
with modifications to Conditions P and R and an unfavorable recommendation to
Condition J for the following reasons:
Condition J(Requirement to Install Streetlights and Traffic Control Devices) is a
standard condition added to all change of zone requests and amendments thereto to
inform applicants of such lighting and traffic safety requirements that are included in
other sections of County Code to address public safety and welfare. It is unlikely that
there will be significant traffic control requirements (e.g. traffic signals)based on two (2)
Traffic Impact Analysis Reports(TIARs) conducted for proposed developments on the
subject properties, which both anticipated traffic operating at acceptable levels of service
at full build out. However, the Department ofPublic Works (DPW) commented that the
project would be subject to agency review against Traffic, Engineering and Building
codes upon submission of construction plans for the project, including requirements for
streetlights and traffic calming devices (examples of which include signage,road striping,
turn lanes, etc.). So even if the condition were deleted, the applicant would still be
required to develop the project in accordance with DPW requirements. Additionally, the
General Plan speaks to public safety in the design of transportation systems. For example,
Goal 13.1.2(a) requires the provision of, "...a transportation system whereby people and
goods can move efficiently, safely, comfortably and economically. "Based on the
preceding,the Director is not inclined to support the removal ofthis condition.
Condition P(Fair Share) is a standard condition added to all change of zone
requests and amendments thereto calculating the amount of fair share contributions per
each dwelling unit to be paid to the County to address a project's impacts on County
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services (e.g. parks,police, fire, solid waste, roadways/traffic). Recently,to encourage
the development of affordable housing, the Planning Director as recommended and the
County Council has agreed to offer relief from the payment of fair share for housing units
required under County Housing code(usually 20% of the proposed units)that are
constructed on-site. While the Director does not support deletion ofthis condition as
requested by the applicant,he is recommending relief from the payment of fair share for
any housing units built within a 100% affordable housing project with rents between 30%
and 60%of Area Median Income(AMI).
Condition R(Unified Impact Fee)is a standard condition added to all change of
zone requests and amendments thereto to ensure payment of an impact fee should the
County Council adopt a Unified Impact Fee Ordinance. It is unknown ifor when the
County Council will develop such an ordinance and impossible to tell what such an
ordinance would entail. While the Director does not support deletion ofthis condition as
requested by the applicant,he is recommending relief from the payment of an impact fee
for any housing units built within a 100% affordable housing project with rents between
30% and 60% of Area Median Income (AMI).
Please note that zoning is not project specific and allows for any project to be
built that is a `permitted land use' in the RM zoning district. Therefore,the Director is
recommending a favorable recommendation with modifications to Condition P and R, as
he supports the intent of providing relief from those conditions should a 100% affordable
housing project be constructed, as represented by the applicant. He does not support
deleting these conditions entirely,because should this project not come to fruition, a
market rate housing project could still be built with the current RM zoning and the
standard conditions of approval would apply.
Lastly, this recommendation is made with the understanding that the applicant
remains responsible for complying with all other applicable governmental requirements
in connection with the proposed use,prior to its commencement or establishment upon
the subject properties. Additional governmental requirements may include the issuance of
building permits, compliance with the Fire Code, installation of improvements required
by the American with Disabilities Act(ADA), among many others. Compliance with all
applicable governmental requirements is a condition of this approval; failure to comply
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with such requirements will be considered a violation that may result in enforcement
action by the Planning Department and/or the affected agencies.
Based on the preceding findings, the Planning Director recommends
forwarding a favorable recommendation for the applicant's proposed amendments
Conditions E and G, a favorable recommendation with modifications to Conditions
P and R and an unfavorable recommendation for the proposed amendment to
Condition J be forwarded to the County Council. In addition, the Planning Director
recommends that existing conditions in the ordinance be revised to reflect the current
standard language for conditions of approval and to remove satisfied conditions. The
accompanying draft bill to amend Ordinance No. 10 32 is provided for your
consideration. Please note the proposed conditions of approval attached to the draft bill.
Material to be deleted is bracketed and struck through; new material is underscored.
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j3
J+tY'Of..
COUNTY OF HAWAII
n„! STATE OF HAWAII
BILL NO.
ORDINANCE NO. 44A44/A/4 1)07>
AN ORDINANCE AMENDING ORDINANCE NO. 10 32 WHICH RECLASSIFIED LANDS
BY CHANGING THE DISTRICT CLASSIFICATION FOR SINGLE-FAMILY RESIDENTIAL
1,000 SQUARE FEET (RS-7.5) AND MULTIPLE-FAMILY RESIDENTIAL— 1,000
SQUARE FEET (RM-1) TO MULTIPLE-FAMILY RESIDENTIAL— 1,500 SQUARE FEET
RM-1.5) AT KUKUAU 1ST, SOUTH HILO, HAWAI`I, COVERED BY TAX MAP KEY: 2-4-
025:048, 053 AND 080.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Section 2 of Ordinance No. 10 32 is amended as follows:
SECTION 2. In accordance with Section 25-2-44, Hawai`i County Code 1983 [E2-005
Edition)] (2016 Edition, as amended), the County Council finds the following conditions are:
1) 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:
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.
INSERT CONDITIONS
SECTION 2. Material to be deleted is bracketed and stricken. New material is
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underscored.
SECTION 3. Severability. If any provision of this ordinance, or the application thereof
to any person or circumstance, is held invalid, the invalidity does not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
3
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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MEN ®HENTT THE ZONING CODEf
AMENDING SECTION 25-8-33 (CITY OF HILO ZONE MAP) ARTICLE 8,
CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE 1983 (2005 EDITION),
BY CHANGING THE DISTRICT CLASSIFICATION FROM SINGLE-FAMILY RESIDENTIAL - 7,500
SQUARE FEET (RS-7.5) AND MULTIPLE-FAMILY RESIDENTIAL - 1,000 SQUARE FEET (RM-1)'.
TO MULTIPLE-FAMILY RESIDENTIAL - 1,500 SQUARE FEET (RM-1.5)
AT KUKUAU 1ST, SOUTH HILO, HAWAII
MAP PREPARED BY:
k COUNTY OF HAWAII, PLANNING DEPARTMENT
1 TMK:2-4-025:48.53,and 80 DATE:July 31,2009
FOR REFERENE ONLY
fGiamnaolo"Paul”BoscheUi
ClkaikaOhanaREZAmend.crk.10.22.2020
IKAIKA OHANA(FORMERLY GIAMPAOLO"PAUL"BOSCHETTI)
AMENDED CONDITIONS OF APPROVAL
CHANGE OF ZONE ORDINANCE NO. 10 32 (REZ 09-103)
A. The applicant(s), its successors or assigns shall be responsible for complying with all of
the stated conditions of approval.
B. Prior to the issuance ofa water commitment by the Department of Water Supply
DWS"),the applicant shall submit the anticipated maximum daily water usage
calculations [: 3: _ _ • 33, , ., . . _ _.
II . • „
s
Vie.] as prepared by a professional engineer licensed in the State of Hawaii to the
DWS. A water commitment deposit shall be paid to the DWS within 180 days from the
effective date of this ordinance in accordance with Rule 5 of the Department of Water
Supply's Rules and Regulations. The applicant is responsible for maintaining valid water
commitments to support the proposed use until such time that required water facilities
charges are paid in full.
C. The applicant[s] shall install a reduced pressure type backflow prevention assembly
within five(5) feet of the water meter on private property,which must be inspected and
approved by the Department of Water Supply prior to the issuance of a Certificate of
Occupancy.
Y' _ . . •-., " . _ .. - -• -
l ] D. Construction ofthe proposed development shall be completed within five(5)years from
the effective date of this amended 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), Hawai`i County Code. Plans shall identify all existing and/or proposed structures,
paved driveway accesses and parking stalls associated with the proposed development.
The applicant shall develop parking spaces associated with the proposed development in
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accordance with the required parking spaces pursuant to Sections 25-4-51 and 25-4-52,
Chapter 25 (Zoning Code), Hawai`i County Code. In addition, the applicant shall develop
additional parking spaces up to a maximum of 60% of the required spaces for the total
residential units to be built within the proposed development. Should the property be
developed as an affordable rental housing project as represented by the applicant,this
additional parking requirement shall be 1.8 parking spaces per multiple family residential
unit developed. 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 comply with landscaping requirements for RM zoning.
Y. .
the-Department-ef-Publie-Werksd
Cid E. The applicant shall subdivide and dedicate to the County a ten(10)-foot wide future road
widening strip along the entire Kapi`olani Street frontage of Parcel 53, [
1] within twelve
12)months from the effective date ofthis amended ordinance.
I ] F. Access at Kapi`olani Street shall be limited to right-turn in and right-turn out movements
only.
L] G. All driveway connections to Kukuau Street and Kapi`olani Street shall conform to
Chapter 22, County Streets, of the Hawaii County Code.
k] H. Streetlights and traffic control devices, as may be required by the Traffic Division,
Department of Public Works, shall be installed by the applicant.
Kr] I.All development-generated runoff shall be disposed of on site and shall not be directed
toward any adjacent properties. A drainage study shall be prepared and submitted to the
Department ofPublic Works prior to the issuance of Final Plan Approval. Any drainage
improvements, if required, shall be constructed,meeting the approval of the Department
of Public Works prior to the issuance of a Certificate of Occupancy.
1T] J.All earthwork activity, including grading and grubbing, shall conform to Chapter 10,
Erosion and Sedimentation Control, of the Hawai`i County Code.
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I±..4,] K. The project shall connect to the existing Countysewer line prior to the issuance of a
Certificate of Occupancy. [If] As required by the Director of the Department of
Environmental Management("DEM"), the applicant shall conduct a sewer study in
accordance with the then applicable wastewater system design standards prior to approval
to connect to the County sewer system. The [A]pplicant shall provide such sewer line or
other facility improvements as the Director of DEM may reasonably require, which the
sewer study may indicate are advisable for mitigation of impacts of the proposed project.
N.] L. A Solid Waste Management Plan shall be submitted to the Department of Environmental
Management for review and approval prior to the issuance of Final Plan Approval.
O] M- [_ . . . ., • . . -• . - _ ' _ , . _ .
measur-es-have-been-takend In the unlikely event that surface or subsurface historic
resources, including human skeletal remains, structural remains (e.g. rock walls, terraces,
platforms, etc.), cultural deposits,marine shell concentrations, sand deposits, or sink
holes are identified during the demolition and/or construction work, cease work in the
immediate vicinity of the find,protect the find from additional disturbance and contact
the State Historic Preservation Division at(808) 933-7651. Subsequent work shall
proceed upon an archaeological clearance from DLNR-SHPD when it finds that
sufficient mitigation measures have been taken.
1k] N. Should the property be developed as an affordable rental housing project as represented
by the applicant,no fair share contribution shall be required. Should the project not be
developed as an affordable rental housingproject as represented by the applicant, [T]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 become due and payable prior to
receipt of Final Plan Approval or Final Subdivision Approval. The fair share contribution
for each lot or unit shall be based on the actual number of residential units developed.
3—
The fair share contribution in a form ofcash, 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 ofthis ordinance,based on the
percentage change in the Honolulu Consumer Price Index(HCPI). The fair share
contribution shall have a combined value of$[7,698.11]9,645.17 per multiple family
residential unit($1-1-139964-3]15,030.92 per single family residential unit). The total
amount shall be determined with the actual number ofunits according to the calculation
and payment provisions set forth in this condition.
The fair share contribution per multiple family residential unit(single family residential
unit) shall be allocated as follows:
1.3,797.26]4,757.69 per multiple family residential unit($[5,784.99]7,248.17 per
single family residential unit)to the County to support park and recreational
improvements and facilities;
2.1120.01]150.37 per multiple family residential unit ($[279.071349.65 per single
family residential unit)to the County to support police facilities;
3.369.17]462.54 per multiple family residential unit($1554401690.61 per single
family residential unit)to the County to support fire facilities;
4.54]206.16 per multiple family residential unit($[241.32]302.36 per single
family residential unit)to the County to support solid waste facilities; and
5.3,247.12]4,068.41,per multiple family residential unit($140.06]6,440.12 per
single family residential unit)to the 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. This condition shall
not apply to any housing units constructed within the subject properties to meet the
affordable housing requirement in Chapter 11 (Housing), Section 11-4(b), Hawaii
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County Code, and so certified by the County Office of Housing and Community
Development, excluding any units constructed for excess housing credits.
To ensure that the goals and policies ofthe 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 the Affordable Housing Policy. Compliance with
Chapter 11 shall be approved by the Administrator of the Office of Housing and
Community Development prior to receipt of Final Plan Approval and/or Final
Subdivision Approval.
P.Should the property be developed,as an affordable rental housing project as represented
by the applicant, the Unified Impact Fees Ordinance, if adopted shall not be required.
Should the Project not be developed as an affordable rental housing project as
represented by the applicant and [S]should the Council adopt a Unified Impact Fees
Ordinance setting forth criteria for the imposition of exactions or the assessment of
impact fees, conditions included herein shall be credited towards the requirements of the
Unified Impact Fees Ordinance.
S:] Q, The applicant shall comply with all applicable County, State and Federal laws, rules,
regulations and requirements.
Tv] R. An annual progress report shall be submitted to the Planning Director prior to the
anniversary date of enactment of[the] this amended ordinance. The report shall include,
but not be limited to, the status of the development and to what extent the conditions of
approval are being complied with. This condition shall remain in effect until all of the
conditions of approval have been complied with and the Planning Director acknowledges
that further reports are not required.
U-] S.
Y.
Zeming-Cek
5—
5:] If the applicant should require an additional extension of time,the Planning
Director 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 area to its original or more
appropriate designation.
6—