HomeMy WebLinkAboutRES 282 Draft 01 2004-2006 ~tv or
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COUNTY OF HAWAII STATE OF HAWAII
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RESOLUTION NO. ~ ~
RESOLUTION AUTHORIZING THE MAYOR OR HIS DULY AUTHORIZED
REPRESENTATIVE TO SEEK APPROVAL OF IN LIEU FAIR SHARE CONTRIBUTION TO
SATISFY CONDITION "K" OF ORDINANCE NO. 02 62.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`L
WHEREAS, Kaha`olino Partners, LLC is the landowner of approximately 20.988 acres of land
at Kalaoa 4`h, North Kona, Hawaii, covered by Tax Map Key (3) 7-3-5:95, portion of 85 and portion
of 31 (hereinafter referred as Property); and
WHEREAS, On May 10, 2002, Change of Zone Ordinance No. 02 62 became effective,
changing the zoning district classification from Agricultural (A-Sa) and Single Family Residential
(RS-10) to Single Family Residential (RS-20) for the Property; and
WHEREAS, Condition "K" of Change of Zone Ordinance No. 02 62 requires that the
landowner comply with the requirements of fair share contribution to mitigate potential regional
impacts of the Property; and
WHEREAS, Condition "K 5." of Change of Zone Ordinance No. 02 62 requires payment of the
fair share contribution to support road and traffic improvements; and
WHEREAS, Kaha`olino Partners, LLC is required to pay a total amount of $118,112.05 for the
fair share contribution towards the road and traffic improvements for the proposed thirty-five (35)
residential lots; and
WHEREAS, Condition "K" of Change of Zone Ordinance No. 02 62 also 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, Condition "K" of Change of Zone Ordinance No. 02 62 further states that the cost
of the roadway improvements required in Condition "F" shall be credited against the fair share
contribution to support road and traffic improvements; and
WHEREAS, Condition "F" of Change of Zone Ordinance No. 02 62 requires that the
landowner construct a roadway connection of `Ili`Ili Street and Ki`eki`e Street through its Property;
and
WHEREAS, Kaha`olino Partners, LLC, as part of the subdivision requirements, proposes to
construct the subdivision's connecting roadway improvements in accordance with specifications
approved by the County Department of Public Works; and
WHEREAS, Kaha`olino Partners, LLC offers to satisfy Conditions "K 5. and F" of Change of
Zone Ordinance No. 02 62, with in lieu fair share contribution in the amount of $118,112.05 for the
cost of constructing the roadway connection of `Ili`Ili Street and Ki`eki`e Street through its Property;
and
WHEREAS, County Department of Public Works supports the connecting roadway
improvements and concurs that the total amount of $118,112.05 be applied to credit the fair share
contribution for road and traffic improvements; 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, The Planning Director reviewed and approves the total amount of $118,112.05 for
the construction of roadway improvements connecting `Ili`Ili Street and Ki`eki`e Street 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 $118,112.05 against the fair share contribution to support
road and traffic improvements for the thirty-five (35) residential units to satisfy the requirement of
Condition "K 5." 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 Public Works; and (4) Kaha`olino Partners,
LLC, c/o Phillip B. Tinguely, Manager, P O Box 9013, Kailua-Kona, Hawaii 96745.
Dated at Hilo , Hawaii, this 19th day of April , 2006.
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INTRO CED - ,
COUNCIL MEMB ,COUNTY OF HA I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS Ex
H110, Hawal`1 ARAKAKI
HIGA X
[ hereby certify that the foregoing RESOLUTION was by HOFFMANN X
the vote indicated to the right hereof adopted by the COUNCIL of the HOLSCHUH
County of Hawaii on April 19, 200 6
IKEDA
ISBELL X
ATTEST: JACOBSON X
PILAGO X
SAFARIK X
8 0 1 0
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Reference:
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. t