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COUNTY OF HAWAII <br />STATE OF HAWAII <br />RESOLUTION NO. 1Z7 09 <br />(D1~FT 2) <br />RESOLUTION AUTHORIZING APPROVAL OF IN LIEU FAIR SHARE CONTRIBUTION <br />TO SATISFY CONDITION "R" OF ORDINANCE NO.92-40. <br />BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII: <br />WHEREAS, Kohala Ranch LLC is the landowner of approximately 1221.336 acres of <br />land at Kahua 15`, Kahua and Waika, North Kohala, Hawaii, covered by TMK (3) 5-9-001:010, <br />015, 016, 017 and TMK (3) 5-9-010:043, (hereinafter referred to as the "Property"); and <br />WHEREAS, on Apri129, 1992, Change of Zone Ordinance No. 92-40 became effective <br />changing the zoning district classification from Agricultural (A-20a) to Single Family <br />Residential (RS-20), Village Commercial (CV-10), Multiple Family Residential (RM-4) and <br />Open (O) for the Property; and <br />WHEREAS, Condition "R" of Change of Zone Ordinance No. 92-40 requires that the <br />applicant pay its fair share contribution to address potential regional impacts of the project with <br />respect to fire, police, and solid waste disposal facilities and roads; and <br />WHEREAS, Condition "R(a)" of Change of Zone Ordinance No. 92-40 requires payment <br />of $520,000 to the County to support the fire protection functions in the Kawaihae region. In <br />lieu of such contribution, the applicant shall, if required by the Fire Department, either (1) <br />provide 2.5 acres of land on site for the construction of a fire station or (2) apply the fair share <br />contribution to secure land outside of the project area for the construction of a fire station; and <br />WHEREAS, Kohala Ranch LLC has developed 41 single family residential units and has <br />contributed the required fair share payments for the 41 units as required by Condition "R" of <br />Ordinance 92-40; and <br />WHEREAS, in response to several devastating fires along the Akoni Pule Highway, the <br />Kohala Ranch Community Association (KRCA) initiated a fund drive to raise funds to secure a <br />tanker truck; and <br />WHEREAS, the Hawaii County Fire Department has identified a new truck for a cost of <br />$159,000 that meets all their specifications; and <br />WHEREAS, KRCA has raised approximately $143,000 from the community for the <br />purchase of the truck; and <br />WHEREAS, Kohala Ranch LLC, has agreed to contribute $16,191.99 to assist in the <br />acquisition of the fire truck; and <br />