HomeMy WebLinkAboutRES 519 Draft 01 2004-2006 ~trw~
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 519 U6
RESOLUTION AUTHORIZING APPROVAL OF IN LIEU FAIR SHARE CONTRIBUTION TO
SATISFY CONDITION "L" OF ORDINANCE NO. 98 36.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII:
WHEREAS, Hanaula Village Partners, LLC is the landowner of approximately 9.840 acres of
land at Hanaula, North Kohala, Hawaii, covered by Tax Map Key (3) 5-4-6:21 and 36 (hereinafter
referred as Property); and
WHEREAS, on April 23, 1998, Change of Zone Ordinance No. 98 36 became effective
changing the zoning district classification from Agricultural (A-20a) and Single Family Residential
(RS-15) to Single Family Residential (RS-10); and
WHEREAS, Condition "L" of Change of Zone Ordinance No. 98 36 requires that the
landowner comply with the requirements of fair share contribution to mitigate potential regional
impacts of the project; and
WHEREAS, Condition "Ll." of Change of Zone Ordinance No. 98 36 requires payment of the
fair share contribution to support park and recreational improvements and facilities; and
WHEREAS, Condition "L" of Change of Zone Ordinance No. 98 36 further states that in lieu
of paying the fair share contribution, the landowner may construct and contribute
improvement/facilities related to parks and recreation, subject to the approval of the director; and
WHEREAS, Hanaula Village Partners, LLC offers to satisfy Condition "Ll." of Change of
Zone Ordinance No. 98 36 by providing actual park and recreation improvements and facilities in the
amount of $131,590.54 at Kamehameha Park in the North Kohala District; and
WHEREAS, County Department of Pazks and Recreation supports such proposal for in lieu fair
shaze contribution to support park and recreational improvements and facilities; and
WHEREAS, County Department of Pazks and Recreation believes that the value of any
recreational project is needed to benefit the community; and
WHEREAS, the Planning Director reviewed and approves a proposal to provide actual park
and recreation improvements and facilities in the amount of $131,590.54 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 actual park and recreation improvements and
facilities in the amount of $131,590.54 to offset the full amount of the fair share contribution to
support pazk and recreational improvements and facilities as required in Condition "L" of Change of
Zone Ordinance No. 98 36.
BE IT FURTHER RESOLVED that a copy of this resolution be forwazded to: (1) Mayor
Hany Kim; (2) Planning Department; (3) Department of Parks and Recreation; and (4) Hanaula
Village Partners, LLC, c/o Phillip B. Tinguely, Manager, P O Box 9013, Kailua-Kona, Hawaii 96745.
Dated at Hilo ,Hawaii, this 29th day of Novsnber, 2005
INTRODUCEI~BY:
i
COUNCIL BER, COUNTY OF AWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AYES NOES ABS EX
Hilo, Hawaii ARAKAKI g
HIGA
I 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 ofHawai`ion November 29, 2006 X
IKEDA g
ISBELL X
ATTEST: JACOBSON
PILAGO X
SAFARIK
8 0 1 0
Reference: C-1176/PC-127
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 51.9