HomeMy WebLinkAboutRES 517 Draft 01 2006-2008 +tY OI N
~l.`yn ,
COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 517 48
RESOLUTION AUTHORIZING APPROVAL OF IN LIEU FAIR SHARE CONTRIBUTION TO
SATISFY CONDITION "H" OF ORDINANCE NO. 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 6-8-1:portions of 1 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(1)" of Change of Zone Ordinance No. 02 25 requires payment of a
fair share contribution to support park and recreational improvements and facilities; and
WHEREAS, Parker Land Trust is required to pay a total amount of $326,725.72, including the
adjustment for inflation using the Honolulu Consumer Price Index (HCPI), for the fair share
contribution towards the park and recreational improvements and facilities for the proposed (82) eighty
two residential lots Luala'i at Pazker 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 "G" and "M(1)" shall be credited against the
sum specified in Condition "H(1)" relating to park and recreational improvements; and
WHEREAS, Condition "G" of Change of Zone Ordinance No. 02 25 requires Parker Land
Trust provide 30+/- acres of land for public park and recreational purposes outside of the geographical
area covered by said ordinance, the exact location to be determined and mutually agreed upon by
Pazker Land Trust and the Planning Director, in consultation with the Department of Parks and
Recreation; and
WHEREAS, to comply with Condition "G" of Change of Zone Ordinance No. 02 25, Parker
Land Trust will dedicate to the County 8.467 acres of land to be used as trail easements for the
Waimea Greenways and Trails, for which the Pazks and Recreation Director approves and Planning
Director concurs with the fair market value of land in the amount of $563,259.65, to satisfy the in lieu
fair shaze contribution; and
WHEREAS, Condition "M(1)(h)" of Change of Zone Ordinance No. 02 25 requires Parker
Land Trust provide a minimum of (10) ten acres of land as a perpetual open space/ park easement for
the general public, to be located within the commercially zoned azea of the Waimea Town Center
Area; and
WHEREAS, to comply with Condition "M(1)(h)" of Change of Zone Ordinance No. 02 25,
Parker Land Trust completed construction on a (10) ten acre pazk site of amulti-purpose athletic field,
maintained by the YMCA, and provided a cost summary for the project stating that the actual cost of
the pazk and recreational improvement was $339,479.30; 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 $902,738.95 to offset a
portion of the fair share contribution for park and recreational improvements and facilities as required
in Condition "H(1)" of Change of Zone Ordinance No. 02 25.
BE IT FURTHER RESOLVED that a copy of this resolution be forwazded to: (1) Mayor Harry Kim;
(2) Planning Department; (3) Department of Parks and Recreation; and (4) Parker Land Trust c/o Mr.
Sidney Fuke, Planning Consultant, 100 Pauahi Street, Suite 212, Hilo, Hawaii 96720.
Dated at Kona , Hawaii, this 12th day of March , 2008.
INTRODUCED BY:
COUNCIL MEM R, COUNTY OF HA AI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii Aves NOES ABS Ex
Hilo, Hawaii FORD X
HIGA
1 hereby certify that the foregoing RESOLUTION was by HOFFMANN X
the vote indicated to the right hereof adopted by the COUNCIL of the IKEDA
County of Hawaii on Marnh 1 90Q$ X
JACOBSON X
NAEOLE X
ATTEST: PILAGO X
YAGONG
' YOSHIMOTO X
8 1 0 0
Reference: C-981/PC _ 6 ~
CO Y L CHAIRMAN P SI I G FFICER RESOLUTION NO. 517 Q 8