The following information has been submitted by the Concerned Kohala Ranch Property Owners:
Notice of Hearing On Sept. 5th there will be a Planning Commission hearing on Bob Acree's application for Project District zoning in the middle of Kohala Ranch. The time is 10 a.m. and the place is the Hisaoka Gym conference room at Kamehameha Park in North Kohala.
Why should you be concerned? An important reason is water. All indications are that there is not enough water for present commitments-which includes Kohala Estates-plus the 1190 single- and multiple-family dwellings, golf course, etc. proposed for Project IV, as the development is called. In order to make it sound as though there is enough, the developer's consultants have used unsupported methodology and unsubstantiated claims.
Even so, the application admits there could be "a relatively close balance" between supply and demand, and proposes, among other things, controlling usage through the rate structure. It is contrary to Public Utilities Commission policy for rates to be used in this way on a permanent basis so, if there isn't enough water, the supplier is expected to develop new sources and pass the cost on to the users. In our case, this could prove very expensive.
According to the developer's consultant, furthermore, heavy withdrawals of water in Kohala Ranch could have adverse impacts on the private wells in Kohala Estates.
Acree had urban zoning for the area but did not meet the conditions for keeping it. He was supposed to have bonded for the entire water source and distribution system by January 31, 2002. The bond he put up covers less than half the cost, but the County illegally accepted it anyway. And that is not the only unmet condition.
If he gets the new zoning, his nonperformance on the 1992 zoning conditions will be moot. Is that why he wants it? Although he says he wants it for greater flexibility, we think the most important reason is that he is trying to get excused from some $14 million or more in impact fees attached to the earlier zoning.
The vast majority of that represents a reduction in affordable housing payments from what was negotiated with the State and County in connection with the earlier zoning. But he is also proposing to have highway channelization at the Mountain Road entrance and stoplight or other improvements needed at the Akoni Pule entrance counted against his regional traffic impact fees instead of being in addition, as they were supposed to be.
And he is bringing forward dollar amounts for other impacts that are over a decade old, without applying the cost of living increases clearly indicated in the previous zoning. He has also changed the proposed wording on the school impact fee provision to make it more likely that it will fall through the cracks and he will never have to pay it.
He may also be trying to avoid the fire protection impact fee. The 1992 condition specifies an amount that would presently translate to $408,545, or a donation of something over two acres of land for a fire station. The wording of the present application, however, allows an interpretation that the 7701 square feet presently being leased to the County for a fire station could be considered as meeting the condition in full.
(The fire station itself was built by Kohala Ranch lot owners through their association and equipped by the County and an extremely generous donation from Virgil Place of Kohala Estates. It is staffed by volunteers from both subdivisions.)
The currently proposed 1190 units is 300 less than the number allowed under the 1992 zoning. That is still a five-fold higher density than the rest of the Ranch, and by itself could increase the population of North Kohala by roughly 50% from the 2000 figures.
And while Acree is proposing to reduce the number of dwelling units in Project IV by 20%, he is proposing to drop his impact mitigation fees by about 77%. He points out that currently the County is requiring much lower affordable housing fees than they used to. But if the amount negotiated in 1992 was what it took to make the development palatable to the County and the State, then we need to reevaluate the project's plusses and minuses when that benefit no longer exists.
Acree certainly deserves some consideration for the reduction he is proposing. (We have already figured that in when we say he is trying to reduce his fees by over $14,000,000. Without the adjustment for his reduction, the figure would be over $18,000,000.) But if there is not a corresponding reduction of the potential impacts on those of us who will be living with the effects of the rezoning-perhaps for the rest of our lives-one has to ask why he should be getting a free ride at our expense.
No, it's not a totally free ride. But $5,000,000+ to mitigate the many impacts to the entire region of a project the developer values at $800,000,000+ in today's dollars comes close enough.
|