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September 22, 2005
Mr. Phil Tinguely
Kaha`olino Partners, LLC
P O Box 9013
Kailua-Kona, HI 96745
Dear Mr. Tinguely:
Compliance with Condition K-Fair Share Contribntion
Change of Zone Ordinance No. 02 62 (REZ 982)
Landowner: Kaha`olino Partners, LLC
Tax Map Kev: 7-3-5:85 and 95, Kalaoa 4`", North Kona, Hawaii
We acknowledge receipt of your letter dated July 21, 2005 with submission of Check No.
1100 in the amount of $24,623.55 for payment towards the fair share contributions as
required by Condition K of the above-referenced Ordinance No. 02 62. Enclosed is your
receipt.
In summary, the fair share contributions for the proposed 35 residential lots are as
follows:
Parks and Recreation. $3,798.04 x 35 = $ 132,931.40
Police 183.22 x 35 = 6,412.70
Fire 361.88 x 35 = 12,665.80
Solid Waste Facilities 158.43 x 35 = 5,545.05
Road and Traffic 3,374.63 x 3.5 = 118.112.05
TOTAL Fair Share Contribution Due $ 275,667.00
Less credit Check ] 00 24,623.55
Remaining Fair Share Contribution Due $ 251,044.45 Q
Hn wm'i ('ounty is nn Equn( Oppormn(q~ Provider and limp(oyer Comm. NO. H
Ref. To:
Ret. UQte Q 6
Mr. Phil Tinguely
Page 2
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By receipt of the above $24,623.55 payment, the fair share contribution for Police, Fire
and Solid Waste Facilities has been complied with for the proposed 35 residential lots, in
accordance with Condition K of Ordinance No. 02 62.
We acknowledge that you propose to construct and contribute three new outdoor
basketball courts at the Kailua Park as in-lieu fair share contribution for park and
recreational improvements and facilities. The Planning Director has approved the
amount of $132,931.40 as in-lieu Fair share contribution for the proposed 35 lots.
However, according to Article 30, Section 2-162.1, Hawaii County Code, any in-lieu
determinations by the Planning Director shall be subject to the review and approval of the
County Council. Therefore, a proposed resolution for the Council's consideration of the
in-lieu credit has been transmitted by Ms. Patricia Engelhard, Director of Department of
Parks and Recreation. Compliance of Condition K for said credit in the amount of
$132,931.40 shall be satisfied upon complete construction of the new basketball courts.
Condition K (5) requires a total fair share contribution of $118,112.05 for the 35
residential units to support road and traffic improvements. In your letter, you have stated
that the landowner has provided at least $118,112.05 worth of road and traffic
improvements by constructing a connector road from Ki`eki`e Street to Ili`ili Street; and
that it will be dedicated to the County. Said connector road was constructed to satisfy
Condition F of the ordinance. Condition K states "The cost of providing and constructing
the improvements required in Condition F shall be credited against the sum specified in
Condition K (5) for road and traffic improvements". Condition K further states that the
cost of any improvements required or made in lieu of the fair share contribution shall be
subject to review and approval of the director, upon consultation with the appropriate
agencies". Please be advised that we have not received for our review and consultation
with tlic Department of Public Works any contractor's estimate cost breakdown for the
connector road improvements. Therefore, we request your submittal of such
documentation for our review and decision.
Mr. Phil Tinguely
Page 3
Should you have any questions, please contact Alice Kawaha or Susan Gagorik of this
department at 961-8288.
Sincerely,
J
CHRISTOPHER J..~'UEN
Planning Director
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Enclosure -Receipt
xc: .iCounty Council
Long Range Division -Alice Kawaha
Plarming Department -Kona Office
SUB 2003-0004 (via Ed Cheplic)
Ms. April Oshiro, Sr. Account Clerk w/Check No. 1 l00 ($24,623.55)
and Ordinance No. 02 62
Ms. Deanna Sako, Controller -Accounts Division w/Ordinance No. 02 62