RES 516 Draft 01 2006-2008 - Laserfiche WebLink

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WHEREAS, to comply with Condition "M(1)(a) and (b) of Change of Zone Ordinance No. 02 25, Parker Land Trust has provided a bond in the amount of $4,507,000.00 and entered into an agreement with the County to construct Phase III of the connector road; and WHEREAS, Condition "M(1)(c)" of Change of Zone Ordinance No. 02 25 requires Parker Land Trust to construct improvements at the intersection of Mamalahoa Highway and Kaomoloa Street; and WHEREAS, to comply with Condition "M(1)(c)" of Change of Zone Ordinance No. 02 25, Parker Land Trust completed construction of the intersection improvements at Mamalahoa Highway and Kaomoloa Street, and provided a cost summary stating the actual cost of the intersection improvements was $200,032.00; and WHEREAS, the Planning Director reviewed and approves the actual cost of intersection improvements in the amount of $200,032.00 to satisfy the in lieu fair share contribution, and the Planning Director is seeking approval from the Council; and WHEREAS, Section 2-162.1, Hawaii County Code 1983 (2005 edition) as amended, sets forth the procedures for Council to accept money, securities, personal property or real property derived from community benefit assessments or conditions of land use approvals; and WHEREAS, Section 2-162.1(a), Hawaii County Code 1983 (2005 edition) as amended, states that any in lieu determinations by the Planning Director shall be subject to the review and approval of the Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, in accordance with Section 2-162.1, Hawaii County Code 1983 (2005 edition) as amended, that the County Council approves the in lieu credit in the amount of $4,707,032.00 to offset a portion of the fair share contribution to support road and traffic improvements as required in Condition "H(5)" of Change of Zone Ordinance No. 02 25.