HomeMy WebLinkAboutRES 127 Draft 01 2008-2010
tV Oi N
COUNTY OF HAWAII a STATE OF HAWAII
tT~ ui•Hi.M
RESOLUTION NO. g27 09
RESOLUTION AUTHORIZING APPROVAL OF IN LIEU FAIR SHARE CONTRIBUTION
TO SATISFY CONDITION "R" OF ORDINANCE NO. 92 40.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF I-IAWA141:
WHEREAS, Kohala Ranch LLC is the landowner of approximately 1221.336 acres of
land at Kahua Is', Kahua and Waika, North Kohala, Hawaii, covered by TMK (3) 5-9-001:010,
015, 016, 017 and TMK (3) 5-9-010:043, (hereinafter referred to as the "Property"); and
WHEREAS, on April 29, 1992, Change of Zone Ordinance No. 92 40 became effective
changing the zoning district classification from Agricultural (A-20a) to Single Family
Residential (RS-20), Village Commercial (CV-10), Multiple Family Residential (RM-4) and
Open (O) for the Property; and
WHEREAS, Condition "R" of Change of Zone Ordinance No. 92 40 requires that the
applicant pay its fair share contribution to address potential regional impacts of the project with
respect to fire, police, and solid waste disposal facilities and roads; and
WHEREAS, Condition "R(a)" of Change of Zone Ordinance No. 92 40 requires payment
of $520,000 to the County to support the fire protection functions in the Kawaihae region. In
lieu of such contribution, the applicant shall, if required by the Fire Department, either (1)
provide 2.5 acres of land on site for the construction of a fire station or (2) apply the fair share
contribution to secure land outside of the project area for the construction of a fire station; and
WHEREAS, Kohala Ranch LLC has developed 41 single family residential units and has
contributed the required fair share payments for the 41 units as required by Condition "R" of
Ordinance 92 40; and
WHEREAS, in response to several devastating fires along the Akoni Pule Highway, the
Kohala Ranch Community Association (KRCA) initiated a fund drive to raise funds to secure a
tanker truck; and
WHEREAS, the I-lawai`i County Fire Department has identified a new truck for a cost of
$159,000 that meets all their specifications; and
WHEREAS, KRCA has raised approximately $143,000 from the community for the
purchase of the truck; and
WHEREAS, Kohala Ranch L,LC, has agreed to contribute $16,191.99 to assist in the
acquisition of the fire truck; and
WHEREAS, the Planning Director reviewed and approves the in lieu fair share
contribution of $16,191.99 toward the purchase of a new fire truck, to partially satisfy Condition
"R(a)" for the remaining units to be developed, 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
HAWAI`l, in accordance with Section 2-162.1, Hawaii County Code 1983 (2005 edition, as
amended), that the County Council approves the in lieu fair share contribution of $16,191.99
toward the purchase of a new fire truck to partially offset future fair share contributions to lire
protection functions as required in Condition "R(a)" of Change of Zone Ordinance No. 92 40.
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to: (1) Mayor
William P. Kenoi; (2) Planning Department; (3) Fire Department; and (4) Kohala Ranch LLC,
59-916 Kohala Ranch Road Kamuela, Hawaii 96743.
Dated at , Hawaii, this day of 2009.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWA11
COUNTY COUNCIL ROLE CALL VOTE
County of Hawaii TAYESNOESS ABS EX
QUES
Hilo, Hawaii SHOFFM
D
I hereby certify that the foregoing RESOLUTION was by ENW ILL
the vote indicated to the right hereof adopted by the COUNCIL of the ANN
Cotmty o
f Hawaii on II<Er
NAEOLE
ATTEST: ON ISI-11
YAGONG
YOSHiMOTO
Reference: C-287M
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO. 127 09