HomeMy WebLinkAboutRES 516 Draft 01 2006-2008 vvw~
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COUNTY OF HAWAII STATE OF HAWAII
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RESOLUTION NO. 516 08
RESOLUTION AUTHORIZING APPROVAL OF IN LIEU FAIR SHARE CONTRIBUTION TO
SATISFY CONDITION "H" OF ORDINANCE N0.02 25.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII:
WHEREAS, Parker Land Trust is the landowner of approximately 386.5 acres of land at Ouli,
Lanikepu, Lalamilo, Waikoloa and Puukapu, Waimea, South Kohala, Hawaii, covered by Tax Map
Key (3) 6-2-1:9; 6-7-l:portion of 25; 6-7-2:9, 48, portion of 17; and 6-8-l:portions of I and 8
(hereinafter referred to as the "Property"); and
WHEREAS, on Februazy 28, 2002, Ordinance No. 02 25 became effective amending Change
of Zone Ordinance No. 96 117, which amended Change of Zone Ordinance No. 92 65 by changing the
zoning district classification from Agricultural (A-40a) and (A-3a); Single Family Residential (RS-
7.5), (RS-10), (RS-15) and (RS-20); Double Family Residential (RD-5); Multiple Family Residential
(RM-2) and (RM-3); Village Commercial (CV-7.5); and Limited Industrial (ML-20) to Agricultural
(A-40a), Residential and Agricultural (RA-la), Single Family Residential (RS-7.5) and (RS-10);
Multiple Family Residential (RM-5.0); Village Commercial (CV-7.5); and Limited Industrial (ML-20)
for the Property; and
WHEREAS, Condition "H" of Change of Zone Ordinance No. 02 25 requires that the
landowner comply with the requirements of fair shaze contribution to mitigate potential impacts of the
project; and
WHEREAS, Condition "H(5)" of Change of Zone Ordinance No. 02 25 requires payment of a
fair share contribution to support road and traffic improvements; and
WHEREAS, Parker Land Trust is required to pay a total amount of $290,301.32, including the
adjustment for inflation using the Honolulu Consumer Price Index (HCPI), for the fair shaze
contribution towards the road and traffic improvements for the proposed (82) eighty two residential
lots Luala'i at Parker Ranch Subdivision Phase III; and
WHEREAS, Condition "H" of Change of Zone Ordinance No. 02 25 further states that in lieu
of paying the fair share contribution, the cost of constructing the improvements and the fair market
value of land contributed that is required in Condition "M(1)" shall be credited against the sum
specified in Condition "H(5)" relating to road and traffic improvements; and
WHEREAS, Condition "M(1)(a) and (b) of Change of Zone Ordinance No. 02 25 requires
Parker Land Trust to construct a connector road and intersections extending from the western
intersection with Mamalahoa Highway in the vicinity of the Vacuum Cooling Plant to its northern
intersection with either Kamamalu Street or Mamalahoa Highway in the vicinity of the Waimea Civic
Center; and
WHEREAS, to comply with Condition "M(1)(a) and (b) of Change of Zone Ordinance No. 02
25, Parker Land Trust has provided a bond in the amount of $4,507,000.00 and entered into an
agreement with the County to construct Phase III of the connector road; and
WHEREAS, Condition "M(1)(c)" of Change of Zone Ordinance No. 02 25 requires Parker
Land Trust to construct improvements at the intersection of Mamalahoa Highway and Kaomoloa
Street; and
WHEREAS, to comply with Condition "M(1)(c)" of Change of Zone Ordinance No. 02 25,
Parker Land Trust completed construction of the intersection improvements at Mamalahoa Highway
and Kaomoloa Street, and provided a cost summary stating the actual cost of the intersection
improvements was $200,032.00; and
WHEREAS, the Planning Director reviewed and approves the actual cost of intersection
improvements in the amount of $200,032.00 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 credit in the amount of $4,707,032.00 to offset
a portion of the fair share contribution to support road and traffic improvements as required in
Condition "H(5)" of Change of Zone Ordinance No. 02 25.
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) Parker Land Trust c/o Mr. Sidney
Fuke, Planning Consultant, 100 Pauahi Street, Suite 212, Hilo, Hawaii 96720.
Dated at Kona , Hawaii, this 21st day of February, 2008.
INTRODUCED BY:
COUNCIL BER, COUNTY OF AWAI`I
COUNTY COUNCIL ROLL CALL VOTE
COUnty Of HaWal`7 AYES NOES ABS EX
Hilo, Hawaii FORD g
HIGH X
1 hereby certify that the foregoing RESOLUTION was by HOFFMANN X
the vote indicated to the right hereof adopted byy the COUNCIL of the IKEDA
County of Hawaii on February 21, 2008 X i
JACOBSON X ~ I
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NAEOLE X j
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ATTEST: PILAGO X I
YAGONG X
- YOSHIMOTO X
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Reference: C-980JPC -66
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COUW Y LERK CHAIRM SIDING FICER RESOLUTION NO. 516 OS