HomeMy WebLinkAboutRES 517 Draft 01 2004-2006 ~y~y~VV O! y-
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COUNTY OF HAWAII STATE OF HAWAII
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RESOLUTION NO. 517 U 6
RESOLUTION AUTHORIZING APPROVAL OF IN LIEU FAIR SHARE CONTRIBUTION TO
SATISFY CONDITION "N" OF ORDINANCE NO. 02 95.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII:
WHEREAS, Bart T. Cahoon Trust is the landowner of approximately 6.904 acres of land at
Kalaoa 4~h, North Kona, Hawaii, covered by Tax Map Key (3) 7-3-5: 97 (hereinafter referred to as the
"Property"); and
WHEREAS, on August 28, 2002, Change of Zone Ordinance No. 02 95 became effective
changing the zoning district classification from Agricultural (A-Sa) to Single Family Residential
(RS-15) for the Property; and
WHEREAS, Condition "N" of Change of Zone Ordinance No. 02 95 requires that the
landowner comply with the requirements of fair share contribution to mitigate potential regional
impacts of the project; and
WHEREAS, Condition "N 5." of Change of Zone Ordinance No. 02 95 requires payment of
fair share contribution to support road and traffic improvements; and
WHEREAS, Condition "N" of Change of Zone Ordinance No. 02 95 further states that the fair
market value of land contributed in lieu of the fair share contribution shall be subject to review and
approval by the Planning Director, and
WHEREAS, Condition "H" of Change of Zone Ordinance No. 02 95 requires that the
landowner dedicate its interest in the `Ili `Ili Street roadway (Tax Map Key: (3) 7-3-5:102) fronting the
Property to the County of Hawaii; and
WHEREAS, the County Council adopted Resolution No. 179 OS on December 7, 2005
authorizing the acquisition of landowner's interest in said roadway by eminent domain for a connector
road between the Kona Palisades and the Kona Coastview Subdivisions; and
WHEREAS, Bart T. Cahoon Trust submitted a fair market value of the land, which was
condemned by the County, in the amount of $26,500.00 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 fair mazket value of land of
$26,500.00 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
community 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, Hawaii County Code 1983 (2005 edition) as
amended, that the County Council approves the in lieu fair market value of land in the amount of
$26,500.00 to offset the full amount of the fair share contribution to support road and traffic
improvements as required in Condition "N" of Change of Zone Ordinance No. 02 95.
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) Bart T. Cahoon Trust,
c/o Mr. Sidney M. Fuke, 100 Pauahi Street, Suite 212, Hilo, Hawaii 96720.
Dated at Hilo ,Hawaii, this 29th day of November, 2006.
INTRODUCED/B
J r
COUNCIL MEM R, COUNTY OF HA AI`I
COUNTY COUNCIL ROLL CALL VOTE
COUnty Of H8Wa1 `1 AYES NOES ABS EX
H110, H8Wa1`1 ARAKAKI X
HIGA g
f hereby certify [hat the foregoing RESOLUTION was by HOFFMANN X
the vote indicated to the right hereof adopted by the COUNCIL of the HOLSCHUH
County ofHawai`ion November 29, 2006 X
IKEDA
ISBELL g
ATTEST: JACOBSON
PILAGO X
SAFARIK
8 1
Reference: C-117¢/PC-125
COUNTY CLERK CHAIRMAN & PRESIDING OFFI ER RESOLUTION NO. S g.7 U 6
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
community 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, Hawaii County Code 1983 (2005 edition) as
amended, that the County Council approves the in lieu fair market value of land in the amount of
$26,500.00 to offset the full amount of the fair share contribution to support road and traffic
improvements as required in Condition "N" of Change of Zone Ordinance No. 02 95.
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) Bart T. Cahoon Trust,
c/o Mr. Sidney M. Fuke, 100 Pauahi Street, Suite 212, Hilo, Hawaii 96720.
Dated at ,Hawaii, this day of , 2006.
INTRODUCED BY:
JMp
COUNCIL ME ,COUNTY OF AWAI`I
COUNTY COUNCIL _ ROLL CALL VOTE
County of Hawaii avES NOES ass Ex
Hilo, Hawaii ARaxAKI
HIGA
I hereby certify that the foregoing RESOLUTION was by HOFFMANN
the vote indicated to the right hereof adopted by the COUNCIL of the HOLSCHUH
County of Hawaii on
IKEDA
ISBELL
ATTEST: JACOBSON
PILAGO
SAFARIK
Reference: C- 1 1 7 4/ P
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. S1.`"I U 6