HomeMy WebLinkAboutRES 283 Draft 01 2004-2006 ~<V of N,~
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 2 ~ 3 ~ G
RESOLUTION AUTHORIZING THE MAYOR OR HIS DULY AUTHORIZED
REPRESENTATIVE TO SEEK APPROVAL OF IN LIEU FAIR SHARE CONTRIBUTION TO
SATISFY CONDITION "H" OF ORDINANCE NO. 96 133.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`L
WHEREAS, James P. Gannon is the landowner of approximately 2.059 acres of land at
Kalaoa 1st and 2nd, North Kona, Hawaii, covered by Tax Map Key (3) 7-3-11:43 (hereinafter referred
as Property); and
WHEREAS, On October 23, 1996, Change of Zone Ordinance No. 96 133 became effective,
changing the zoning district classification from Unplanned (U) to Single Family Residential (RS-10)
for the Property; and
WHEREAS, Condition "H" of Change of Zone Ordinance No. 96 133 requires that the
landowner comply with the requirements of fair share contribution to mitigate potential regional
impacts of the Property; and
WHEREAS, Condition "H 5." of Change of Zone Ordinance No. 96 133 requires payment of
fair share contribution to support road and traffic improvements; and
WHEREAS, James P. Gannon is required to pay a total amount of $23,878.61, including the
adjustment for inflation using the Honolulu Consumer Price Index (HCPI), for the fair share
contribution towards the road and traffic improvements for the proposed seven (7) residential lots; and
WHEREAS, Condition "H" of Change of Zone Ordinance No. 96 133 further states that in lieu
of paying the fair share contribution, the landowner may construct the roadway improvements and be
credited for the cost of the improvements; and
WHEREAS, James P. Gannon, as part of the subdivision requirements, completed the roadway
improvements within Mahilani Drive in accordance with specifications approved by the County
Department of Public Works; and
WHEREAS, James P. Gannon paid an amount of $7,378.61 in cash and offers in lieu fair share
contribution in the amount of $16,500.00 for the cost of the roadway improvements to satisfy
Condition "H 5." of Change of Zone Ordinance No. 96 133; and
WHEREAS, County Department of Public Works concurs that the total amount of $16,500.00
be applied to credit the fair share contribution for road and traffic improvements; and
WHEREAS, Change of Zone Ordinance No. 96 133 authorizes the Planning Director to review
and approve in lieu fair share contribution, upon consultation with the appropriate agencies; and
WHEREAS, The Planning Director reviewed and approves the total amount of $16,500.00 for
the cost of the roadway improvements within Mahilani Drive 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 (Republished June 2005)
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 2-162.1(a), Hawaii County Code 1983 (Republished June
2005) 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 in lieu credit in the amount of $16,500.00 against the fair share contribution to support
road and traffic improvements for the seven (7) residential units to satisfy the requirement of Condition
"H 5." of Change of Zone Ordinance No. 96 133.
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to: (1) Mayor
Harry Kim; (2) Planning Department; (3) Department of Public Works; and (4) James P. Gannon,
74-5000 Mamalahoa Highway, Holualoa, Hawaii 96725.
Dated at Hilo , Hawaii, this 19th day of April , 2006.
INTRODUCED
COUNCIL MEM R, COUNTY OF HAW
COUNTY COUNCIL ROLL CALL VOTE
COUrity Of HaWal`1 AYES NOES ABS EX
HllO, HaWal`1 ARAKAKI X
HIGA X
t hereby certify that the foregoing RESOLUTION was by HOFFMANN
the vote indicated to the right hereof adopted by the COUNCIL. of the HOLSCHUH X
County ofHawai`ion Aril 19 2006
IKEDA X
ISBELL X
ATTEST: JACOBSON
PILAGO X
SAFARIK
' 8 0 1 0
Reference: C-744/PC_60
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. ~