HomeMy WebLinkAboutRES 518 Draft 01 2004-2006 VV OSy
COUNTY OF HAWAII STATE OF HAWAII
3~Of M~
RESOLUTION NO. 518 ly 6
RESOLUTION AUTHORIZING APPROVAL OF IN LIEU FAIR SHARE CONTRIBUTION TO
SATISFY CONDITION "H" OF ORDINANCE NO. 97 91.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII:
WHEREAS, Douglas and Joseph DePonte aze the landowners of approximately 10.23 acres of
land at Waiakea, South Hilo, Hawaii, covered by Tax Map Key (3) 2-4-65:4 (hereinafter referred to
as the "Property"); and
WHEREAS, on July 3, 1997, Change of Zone Ordinance No. 97 91 became effective changing
the zoning district classification from Agricultural (A-l0a) to Single Family Residential (RS-15) for
the Property; and
WHEREAS, Condition "H" of Change of Zone Ordinance No. 97 91 requires that the
landowner comply with the requirements of fair share contribution to mitigate potential regional
impacts of the project; and
WHEREAS, Condition "H 4." of Change of Zone Ordinance No. 97 91 requires payment of
fair shaze contribution to support road and traffic improvements; and
WHEREAS, Condition "H" of Change of Zone Ordinance No. 97 91 further states that the fair
mazket value of land contributed required in Condition E, shall be credited against the sum specified in
Condition H 4. for road and traffic improvements; and
WHEREAS, Condition "E" of Change of Zone Ordinance No. 97 91 requires that the
landowner subdivide and dedicate to the County of Hawaii the 40-foot future road widening setback
section and the 30-foot radius section along Kupulau Road fronting the Property; and
WHEREAS, Douglas and Joseph DePonte submitted a fair market value of the land, to be
contributed to the County, in the amount of $144,080.08 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
$144,080.08 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
$144,080.08 to offset the full amount of the fair shaze contribution to support road and traffic
improvements as required in Condition "H" of Change of Zone Ordinance No. 97 91.
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) Douglas and Joseph
DePonte, c/o Henry Correa Jr., 630 Kilauea Street, Suite 101, Hilo, Hawaii 96720.
Dated at Hilo ,Hawaii, this 29th day of Novsnber , 2006.
INTRODUCED B /
COUNCIL MEMB ,COUNTY OF HA I`I
COUNTY COUNCIL ROLL CALL VOTE
COllnty Of H8Wa1`1 AYES NOES ABS EX
Hilo, H3Wa1`1 ARAKAKI X
HIGA g
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 ofHawai'ion November 29 2006 X
IKEDA
ISBELL }f
ATTEST: IACOBSON
PILAGO
~j~~ SAFARIK X
Reference: C-1175/FC-126
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. SS.8 V 6