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vvw~ <br /> ~`V <br /> COUNTY OF HAWAII STATE OF HAWAII <br /> ~ <br /> r <br /> RESOLUTION NO. 516 08 <br /> <br /> RESOLUTION AUTHORIZING APPROVAL OF IN LIEU FAIR SHARE CONTRIBUTION TO <br /> SATISFY CONDITION "H" OF ORDINANCE N0.02 25. <br /> <br /> BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br /> WHEREAS, Parker Land Trust is the landowner of approximately 386.5 acres of land at Ouli, <br /> Lanikepu, Lalamilo, Waikoloa and Puukapu, Waimea, South Kohala, Hawaii, covered by Tax Map <br /> Key (3) 6-2-1:9; 6-7-l:portion of 25; 6-7-2:9, 48, portion of 17; and 6-8-l:portions of I and 8 <br /> (hereinafter referred to as the "Property"); and <br /> WHEREAS, on Februazy 28, 2002, Ordinance No. 02 25 became effective amending Change <br /> <br /> of Zone Ordinance No. 96 117, which amended Change of Zone Ordinance No. 92 65 by changing the <br /> zoning district classification from Agricultural (A-40a) and (A-3a); Single Family Residential (RS- <br /> 7.5), (RS-10), (RS-15) and (RS-20); Double Family Residential (RD-5); Multiple Family Residential <br /> (RM-2) and (RM-3); Village Commercial (CV-7.5); and Limited Industrial (ML-20) to Agricultural <br /> (A-40a), Residential and Agricultural (RA-la), Single Family Residential (RS-7.5) and (RS-10); <br /> <br /> Multiple Family Residential (RM-5.0); Village Commercial (CV-7.5); and Limited Industrial (ML-20) <br /> for the Property; and <br /> WHEREAS, Condition "H" of Change of Zone Ordinance No. 02 25 requires that the <br /> landowner comply with the requirements of fair shaze contribution to mitigate potential impacts of the <br /> project; and <br /> WHEREAS, Condition "H(5)" of Change of Zone Ordinance No. 02 25 requires payment of a <br /> fair share contribution to support road and traffic improvements; and <br /> WHEREAS, Parker Land Trust is required to pay a total amount of $290,301.32, including the <br /> adjustment for inflation using the Honolulu Consumer Price Index (HCPI), for the fair shaze <br /> contribution towards the road and traffic improvements for the proposed (82) eighty two residential <br /> lots Luala'i at Parker Ranch Subdivision Phase III; and <br /> WHEREAS, Condition "H" of Change of Zone Ordinance No. 02 25 further states that in lieu <br /> of paying the fair share contribution, the cost of constructing the improvements and the fair market <br /> value of land contributed that is required in Condition "M(1)" shall be credited against the sum <br /> specified in Condition "H(5)" relating to road and traffic improvements; and <br /> WHEREAS, Condition "M(1)(a) and (b) of Change of Zone Ordinance No. 02 25 requires <br /> Parker Land Trust to construct a connector road and intersections extending from the western <br /> intersection with Mamalahoa Highway in the vicinity of the Vacuum Cooling Plant to its northern <br /> intersection with either Kamamalu Street or Mamalahoa Highway in the vicinity of the Waimea Civic <br /> <br /> Center; and <br /> <br />