HomeMy WebLinkAboutCOM 0601.031 2020-2022 , �gv,oF wy
Matt Kaneali`t-Kleinfelder �'�.� �,, Finance Committee
Hawaii County Council � ' Chair
District 5
Phone No.: (808)961-8263 Public Works&Mass Transit Committee
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matt.kanealii-kleinfelder@hawaiicounty.gov Vice Chair
Hawai`i C ty Council
County ofHawai`i
Hawaii County Building
r-A25 Aupuni Street,Suite 2405 • Hilo,Hawai`i 96720 C:)'t")
TO: Maile Medeiros David, Council Chair
and Members of the Hawaii County Council ;dr—
FROM: Matt Kaneali`i-Kleinfelder, Council Member _T
DATE: April 6, 2022
SUBJECT: Proposed Amendment to Bill No. 115, Draft 3: An Ordinance Amending Section
25-8-13 (Puak6-`Anaeho`omalu Zone Map), Article 8, Chapter 25 (Zoning) of the
Hawaii County Code 1983 (2016 Edition, as Amended), by Changing the District
Classification From Open(0), Multiple-Family Residential (RM-4), Multiple-
Family Residential (RM-6), Multiple-Family Residential (RM-8) and Village-
Commercial (CV-10)to Project District(PD) at Waikoloa, South Kohala, Hawaii,
Covered by Tax Map Keys: 6-9-008: Por. 013, 022, 025, Par. 029 and 033.
Please see below a proposed amendment to Bill No. 115, Draft 3. This proposed amendment is
illustrated in Ramseyer format with respect to the contents of Bill No. 115, Draft 3; material to
be added is underscored.
Section 2 of Bill No. 115, Draft 3, is amended by adding a new Condition to be appropriately
lettered upon approval by the Council, to read as follows:
As represented b. the Applicant,prior to submitting any development for Site Plan
Approval on the project district zoning land covered by this ordinance, the Applicant
shall record a covenant at the State of Hawaii Bureau of Conveyances, which shall
run with the land to effectuate this Condition. Two percent (2%) of the proceeds from
the gross sales derived from the first-time sale or resale of any residential unit or time
share interest on the land shall be donated to the Waikoloa Foundation and
recognizing the impacts on natural resources and housing from the proposed
development, in excess of an_y other actions b_ the he Applicant, one-fourth or 25% of
such proceeds shall be donated to an agency or program to support the Count
Comm. No. UV 1 .31
Ref. To:
Hawai`i County is an Equal Opportunity Provider and Employer Ref. Date MAR ® 6 2022
affordable housing and/or destination management initiatives. Recognizing the duties
of the County Council under the Public Trust Doctrine to address proposed uses of
water by the Applicant, and in excess of any other actions by the Applicant no less
than one-fourth or 25% of such proceeds shall be donated to an agency or program to
directly or indirectly support water-related needs associated with housing programs
for Native Hawaiians within the South Kohala district. A report of the funds
generated and the Foundation's allocations and expenditures shall be included as part
of the annual progress report requirement of Condition DD."
Due to the limited scope of this amendment, a draft copy of Bill No. 115, Draft 4, in its entirety,
that would result if this proposed amendment is adopted, is not attached.
Thank you.
MKK/lk
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