HomeMy WebLinkAboutCOM 0013.004 2018-2020ofk4'a Office: 808 961-8396Fromtheoffice - cP.• w
Council Member Vee ? Fax: (808)961-8912
District 3—Hilo and Puna Email sue.leeloy@hawaiicounty.gov
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SUSAN L.K. LEE LOY
25 Aupuni Street,Hilo,Hawai`i 96720
COUNTY CLERK
TO: Aaron S.Y. Chung, Chair COUNTY OF HAWAI'I
and Members of the Hawai`i County Council RECEIVED04got-ByTime1i`n, ByQ,
FROM: U Sue Lee Loy, Council Member Date
DATE: January 18, 2019
SUBJECT: Proposed Amendments to Bill No. 1; an Ordinance Amending Ordinance No. 99
42 Which Reclassified Lands from Open(0)to Project District(PD) at
Kaupulehu,North Kona, Hawai`i, Covered by Tax Map Key 7-2-003: Portion
of 1.
Please see below proposed amendments to Bill No. 1. These amendments: 1)provide an
earlier deadline to complete the implementation of the public access plan; and 2)provide
additional direction regarding the computing, crediting, and administering of fair share
contributions.
The proposed amendments are illustrated below in Ramseyer format as applied to the current
contents of Bill No. 1; material to be deleted is bracketed and stricken,material to be added is
underscored.
1. Proposed amendment to SECTION 1 of Bill No. 1, Condition S:
S. A final comprehensive public access plan,to be developed in consultation with
community groups and in accordance with applicable conditions of approval of
the Land Use Commission Decision and Order(Docket No. A93-701), shall be
submitted to the Planning Director and shall include mauka-makai and lateral
shoreline accesses, description of trail width and surfacing, parking area(s),
signage, emergency response considerations, restrictions on use (if any), provision
ofrecreational and restroom facilities at appropriate locations, and related
improvements. Implementation ofthe public access plan shall be completed [with
the opening ofthe golf course.] within one year from the effective date of this
amended Project District Ordinance."
2.Proposed amendment to SECTION 1 of Bill No. 1, Condition W:
W. The applicant shall make its fair share contribution to mitigate the potential
regional impacts ofthe property with respect to parks and recreation, fire,police,
solid waste disposal facilities and roads for the additional lots to be created. The
fair share contribution shall become due and payable prior to receipt of Final
Subdivision Approval. The fair share contribution shall be based on the actual
Comm. No. 13 .4
Ref.To: t l CO U tO t
Ref. Dote JAN 2 3 2019
number of additional lots created. 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 this [ordinance] amended Project District
Ordinance, based on the percentage change in the Honolulu Consumer Price
Index(HCPI). The fair share contribution shall have a combined value of
9,195.34 per multiple family residential unit and [E]$14,329.89 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 and
multiple family residential unit shall be allocated as follows:
1.4,535.80 per multiple family residential unit [$6.910.13] and$6,910.13
per single family residential unit[)] to the County to support park and
recreational improvements and facilities;
2.143.36 per multiple family residential unit and $333.35 per single family
residential unit[)] to the County to support police facilities;
3.440.97 per multiple family residential unit and $658.40 per single family
residential unit[)] to the County to support fire facilities;
4.196.54 per multiple family residential unit and$288.25 per single family
residential unit[)] to the County to support solid waste facilities; and
5.3,87'8.67 per multiple family residential unit and $6,139.77 per single
family residential unit[)] to the County to support road and traffic
improvements.
The cost of providing and constructing the improvements required in Conditions
M and N shall be credited against the sum specified in Condition W (5) for road
and traffic improvements. In lieu of paying the fair share contribution,the
applicant(s)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 ofthe County Council."
3. For illustrative purposes, please see below Condition W as it would appear in Bill No. 1,
Draft 2, if these proposed amendments are adopted:
W. [The applicant shall make its fair share contribution to mitigate potential regional
police and solid waste disposal facilities. The amount of the fair share
for each such lot, and shall become due and payable prior to final subdivision
approval for any portion of the subject property or its increments. Ifthe subject
contribution due and payable prior to final subdivision approval of each increment
shall be a sum calculated in the same manner according to the number of
proposed residential lots in each such increment. The fair share contribution, in a'
2
form of cash, land, facilities or any combination thereof, acceptable to the director
Council. The fair share contribution shall have a maximum combined value of
1
multiple family residential units is $2,322,645.00 and 530 single family
amount shall be increased or reduced in proportion with the actual number of
units according to the calculation .and payment provisions set forth in this
Condition W. The fair share contribution shall be allocated as follows:
1. $2,291.39 per multiple family residential unit for an indicated total of
1 1 1 I •• •
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improvements and facilities;
2. $72.42 per multiple family residential unit for an indicated total of$36,210.00
and $168.40 per single family residential unit for an indicated total of
89,252.00 to the County to support police facilities;
3. $222.77 per multiple family residential unit for an indicated total of
111,385.00 and $332.61 per single family residentialunit for an indicated
total of$176,283.30 to the County to support fire facilities;
4. •• • . 11
and$145.62 per single family residential unit for an indicated total of
5. $1,959.42 per multiple family residential unit for an indicated total of
979,710.00 and$3,101.68 per single family residential unit for an indicated
1 . i -- -
improvements.
three years after the effective date ofthe change of zone, based on the percentage
change in the Honolulu Consumer Price Index(HCPI). In lieu of paying the fair share
contribution,the applicant may construct and contribute 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 approval of
the director. The cost ofproviding and constructing the improvements required in
for road and traffic improvements. For purposes of administering Condition W,the
fair market value of land contributed or the cost of any improvements required or
Upon'approval of the fair share contributions or in lieu contributions bythe director,p pp
the specific approved fair share and/or in lieu contributions, as allocated, and further
implementation requirements.]
3
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 for the additional lots to be created. The fair share
contribution shall become due and payable prior to receipt of Final Subdivision
Approval. The fair share contribution shall be based on the actual number of
additional lots created. 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
this amended Project District Ordinance,based on the percentage change in the
Honolulu Consumer Price Index (HCPI). The fair share contribution shall have a
combined value of$9,195.34 per multiple family residential unit and$14,329.89 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 and multiple
family residential unit shall be allocated as follows:
1.4,535.80 per multiple family residential unit and$6,910.13 per single
family residential unit to the County to support park and recreational
improvements and facilities;
2. $143.36 per multiple family residential unit and$333.35 per single family
residential unit to the County to support police facilities;
3.440.97 per multiple family residential unit and$658.40 per single family
residential unit to the County to support fire facilities;
4. $196.54 per multiple family residential unit and$288.25 per single family
residential unit to the County to support solid waste facilities; and
5.3,878.67 per multiple family residential unit and$6,139.77 per single
family residential unit to the County to support road and traffic
improvements.
The cost of providing and constructing the improvements required in Conditions M
and N shall be credited against the sum specified in Condition W(5) for road and
traffic improvements. In lieu of paying the fair share contribution, the applicant(s)
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."
Due to the limited scope of these amendments, a draft copy of the draft 2 of this bill that would
result if these proposed amendments are adopted is not attached.
SL/ps
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