HomeMy WebLinkAboutRES 516 Draft 01 2004-2006 vv os
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COUNTY OF HAWAII STATE OF HAWAII
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RESOLUTION NO. 516 6
RESOLUTION AUTHORIZING APPROVAL OF IN LIEU FAIR SHARE CONTRIBUTION TO
SATISFY CONDITION "P" OF ORDINANCE NO. 03 37.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII:
WHEREAS, Nani Kona Aina, LLC is the landowner of approximately 10.020 acres of land at
Hienaloli 2"d, 3'a and 4`", North Kona, Hawaii, covered by Tax Map Key (3) 7-5-10: Portion of 52 and
Portion of 65 (hereinafter referred as Property); and
WHEREAS, on March 6, 2003, Change of Zone Ordinance No. 03 37 became effective,
changing the zoning district classification from Agricultural (A-Sa) to Single Family Residential
(RS-20) for the Property; and
WHEREAS, Condition "P" of Change of Zone Ordinance No. 03 37 requires that the
landowner comply with the requirements of fair share contribution to mitigate potential regional
impacts of the project; and
WHEREAS, Condition "P 5." of Change of Zone Ordinance No. 03 37 requires payment of the
fair share contribution to support road and traffic improvements; and
WHEREAS, Condition "P" of Change of Zone Ordinance No. 03 37 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 "P" of Change of Zone Ordinance No. 03 37 further states that the cost
of the roadway improvements required in Conditions "C" and "R" shall be credited against the fair
share contribution to support road and traffic improvements; and
WHEREAS, Condition "C" of Change of Zone Ordinance No. 03 37 requires that the
landowner construct the extension of Melelina Street to a cul-de-sac within its Property; and
WHEREAS, Condition "R" of Change of Zone Ordinance No. 03 37 requires that the
landowner improve the Nani Kailua/Kakalina Street intersection with afour-way stop; and
WHEREAS, Nani Kona Aina, LLC as part of the subdivision requirements, constructed said
roadway improvements in accordance with specifications approved by the County Department of
Public Works; and
WHEREAS, Nani Kona Aina, LLC submitted the cost of constructing the roadway
improvements in the amount of $455,515.70 to offset the full amount of the fair share contribution
requirement for road and traffic improvements; and
WHEREAS, the Planning Director reviewed and approves the total amount of $455,515.70 to
satisfy the in lieu fair share contribution and the Planning Director is seeking approval from the
Council; and
WHEREAS, Section 2-162.1, Hawaii County Code 1983 (2005 edition) as amended, sets forth
the procedures for Council to accept money, securities, personal property or real property derived from
commtmity benefit assessments or conditions of land use approvals; and
WHEREAS, Section 2-162.1(a), Hawaii County Code 1983 (2005 edition) as amended, 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 COUNCIL OF THE COUNTY OF
HAWAII, in accordance with Section 2-162.1(a), Hawaii County Code 1983 (2005 edition) as
amended, that the County Council approves the in lieu cost of roadway improvements in the amount of
$455,515.70 to offset the full amount of the fair shaze contribution to support road and traffic
improvements as required in Condition "P" of Change of Zone Ordinance No. 03 37.
BE IT FURTHER RESOLVED that a copy of this resolution be forwazded to: (1) Mayor
Hazry Kim; (2) Planning Department; (3) Department of Public Works; and (4) Nani Kona Aina, LLC,
c/o Dazliel B. Bolton, P O Box 989, Kailua-Kona, Hawaii 96745.
Dated at Hilo , Hawaii, this 29th day of Novenber , 2006.
INTRODUCED Y:
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COUNCIL ME ER, COUNTY OF H AI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii ARAKAKI g
HIGA g
I hereby certify that the foregoing RESOLUTION was by HOFFMANN R
the vote indicated to the right hereof adopted by the COUNCIL of the HOLSCHUH
County ofHawai`ion November 79, 9nnF R
IKEDA R
ISBELL g
ATTEST: JACOBSON g
PILAGO g
SAFARIK
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~ Reference: C-1173/PC-124
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. S 1.6 U 6