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COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 482 08
RESOLUTION AUTHORIZING APPROVAL OF IN LIEU FAIR SHARE CONTRIBUTION TO
SATISFY CONDITION "K" OF ORDINANCE NO. 96 121.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII:
WHEREAS, Hilo One, Incorporated is the landowner of approximately 23.856 acres of land at
Paukaa, South Hilo, Hawaii, covered by Tax Map Key (3) 2-7-3: 27 (hereinafter referred to as the
"Property"); and
WHEREAS, on October 18, 1996, Change of Zone Ordinance No. 96 121 became effective
changing the zoning district classification from Agricultural (A-20a) to Single Family Residential
(RS-15) for the Property; and
WHEREAS, Condition "K" of Change of Zone Ordinance No. 96 121 requires that the
landowner comply with the requirements of fair share contribution to mitigate potential regional
impacts of the project; and
WHEREAS, Condition "K(4)" of Change of Zone Ordinance No. 96 121 requires payment of a
fair share contribution to support road and traffic improvements; and
WHEREAS, Hilo One, Incorporated is required to pay a total amount of $29,982.08, including
the adjustment for inflation using the Honolulu Consumer Price Index (HCPI), for the fair share
contribution towards the road and traffic improvements for the proposed (8) eight residential lots; and
WHEREAS, Condition "G" of Change of Zone Ordinance No. 96 121 requires the portion of
the Old Mamalahoa Highway fronting the Property from the southern or Hilo boundary of the Property
up to the designated street access point into the Property be improved to a 20-foot wide pavement with
6-foot wide paved shoulders; and
WHEREAS, Condition "K" of Change of Zone Ordinance No. 96 121 further states that the
cost of constructing the roadway improvements required in Condition "G" and any roadway
improvements required by the State, shall be credited against the sum specified in Condition "K(4)"
relating to road and traffic improvements; and
WHEREAS, to comply with Condition "G" of Change of Zone Ordinance No. 96 121, Hilo
One, Incorporated completed the roadway improvements to Old Mamalahoa Highway, and provided a
letter from contractor, GW Construction, stating that the actual cost of the roadway improvements was
$48,648.00; and
WHEREAS, the Planning Director reviewed and approves the actual cost of roadway
improvements in the amount of $48,648.00 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 actual cost of roadway improvements in the
amount of $48,648.00 to offset the full amount of the fair share contribution to support road and traffic
improvements as required in Condition "K" of Change of Zone Ordinance No. 96 121.
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) Hilo One,
Incorporated, c/o Mr. Alan M. Okamoto, Esq., Nakamoto, Okamoto & Yamamoto, 187 Kapiolani
Street, Hilo, Hawaii 96720.
Dated at Hilo ,Hawaii, this 6th day of February, 2008.
INTRODUCED BY:
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COUNCIL ME ER, COUNTY OF WAI`I
COUNTY COUNCIL ROLL CALL vOTE
COUnty Of Hawal`1 AYES NOES ABS EX
Hilo, Hawaii FoxD X
HIGA X
I hereby certify that the foregoing RESOLUTION was by HOFFMANN X
the vote indicated to the right hereof adopted by [he COUNCIL of the IKEDA X
County of Hawaii on February 6 , 200 8
JACOBSON X
NAEOLE X
ATTEST: PILAGO X
YAGONG g
YOSHIMOTO
6 0 3 0
~ Reference: C-910/PC~61
COUNTY CLERK CHAIRMAN P SIDIN RESOLUTION NO. 482 ~ 8