HomeMy WebLinkAboutRES 173 Draft 01 2004-2006 Mtv or 4
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COUNTY OF HAWAII ~ STATE OF HAWAII
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RESOLUTION NO. 1'73 05
RESOLUTION AUTHORIZING THE MAYOR OR HIS DULY AUTHORIZED
REPRESENTATIVE TO SEEK APPROVAL OF ~-LIEU FAIR SHARE CONTRIBUTION
TO SATISFY CONDITION "K" OF ORDINANCE NO. 02 62.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWA[`L
WHEREAS, Kahablino Partners, LLC is the owner of approximately 20.091 acres of
land at Kalaoa 4`~, North Kona, Hawaii, covered by Tax Map Key (3) 7-3-5:85 and 95
(hereinafter referred as Property); and
WHEREAS, On May 1Q 2002, Change of Zone Ordinance No. 02 62 became effective,
changing the zoning from Agricultural (A-Sa) and Single Family Residential (RS-10) to Single
Family Residential (RS-20); and
WHEREAS, Condition "K" of Change of Zone Ordinance No. 02 62 for the Property
requires that the owner comply with the requirements of fair share contribution to mitigate
potential regional impacts of the Property; and
WHEREAS, The fair share contribution to support park and recreational improvements
and facilities is in the amount of $132,931.40 for thirty-five (35) residential units; and
WHEREAS, Kaha`olino Partners, LLC offers to satisfy Condition "K" of Change of
Zone Ordinance No. 02 62, relating to fair share contribution to support park and recreational
improvements and facilities, with an in-lieu fair share contribution by constructing three new
outdoor basketball courts at Kailua Park; and
WHEREAS, The construction of the three new outdoor basketball courts at Kailua Park
will be in accordance with specifications approved by the County Department of Public Works
and the Disability Communication Access Board; and
WHEREAS, Change of Zone Ordinance No. 02 62 authorizes the Planning Director to
review and approve in-lieu fair share contribution, upon consultation with the appropriate
agencies; and
WHEREAS, County Department of Parks and Recreation supports the proposed
construction of the three new outdoor basketball courts at Kailua Park in lieu of payment of fair
share contribution to support park and recreational improvements and facilities; and
WHEREAS, County Department of Parks and Recreation believes that the value of the
project for the three new outdoor basketball courts at Kailua Park exceeds the developer's fair
share contribution obligation and that the proposed project is needed to benefit the community;
and
WHEREAS, The Planning Director reviewed and approves the proposed construction of the
three new outdoor basketball courts at Kailua Park as in-lieu fair share contribution, but the
administration is seeking approval from the Council; and
WHEREAS, Article 30, Section 2-162.1, Hawaii County Code 1983 (2005 Edition) 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, Article 30, Section 2-162.], Hawaii County Code 1983 (2005 Edition) 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 HAWAII COUNTY COUNCIL that it
approves the credit in the amount of $132,931.40 against the fair share contribution for the thirty-five
(35) residential units to satisfy the park and recreational improvements and facilities requirement of
Condition "K" of Change of Zone Ordinance No. 02 62.
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to: (1) Mayor
Harry Kim; (2) Planning Department; (3) Department of Parks and Recreation; and (4) Kaha`olino
Partners, LLC, c/o Phillip B. Tinguely, Manager, P O Box 9013, Kailua-Kona, Hawai `i 96745.
Dated at Hilo ,Hawai`i, this 18th day of October , 2005.
INTRODUCED BY:
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COU CIL MEMBER, COUNTY OF HAWAI` [
COUNTY COUNCIL ROLL CALL voTE
County of Hawaii AvES NOES Af~s Ex
Hilo, Hawaii nRAKAKI X
H[GA
l hereby certify that the foregoing RESOLUTION was by HOFFMANN X
the vote indicated to the right hereof adopted by the COUNCI L of the HOLSCHUH X
County ofHawai`~on OCtOb@r 18, 2005
IKEDA X '
ISBELL X
ATTF,ST: JACOBSON X
PILAGO X
SAFARIK X
9 0 0 0
Reference:_ C-44R /FY': -15 9
COiNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. a~ U~