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Home My WebLink AboutCOM 0287.001 2008-2010DONALD/KEDA Council Member Distrief 2 Sauth Hilo HAWAII COUNTY COUNCIL County of Hawaii Hawai'I County Buflding 25 Aupuni Stree( Hilo, Hmvai'i 96720 Date: May 4, 2009 To From: Re: J Yoshimoto, Chair And Council Members Donald Ikeda, Council Member ~~ Phone No.: (808) 961-8261 Fax No-: (808)961-8912 E-mail: dikedanco.hewaii.hi.us i) C= j c_,!_ ~ r ~% (~~_ _.. {= r!-!1l -~,i ~, Q C7 t!~ ~ ...*. ~. .~ .- ~j CI+ "'D 3 t :a i_. Proposed Amendment to Resolution No. 127-09, Authorizing Approval of In Lieu Fair Share Contribution to Satisfy Condition "R" of Ordinance No. 92-40 Attached please find proposed amendments to Resolution No. 127-09. The proposed amendments are in Ramseyer format, and a draft copy of Resolution No. 127-09, Draft 2, is attached. Amendments have been bolded in this transmittal for reference purposes only. The proposed amendments will correct formatting errors, and will add language to the "Be It Resolved" paragraph, as follows: 1. The twelth "Whereas" clause is amended to read as follows: "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," 2. The "Be It Resolved" clause is amended to read as follows: "[ , ]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 share contribution of $16,191.99 toward the purchase of a new fire truck to [partially] offset future fair share contributions to fire protection functions for thirty-three (33) sinele family residential units as required in Condition "R(a)" of Change of Zone Ordinance No. 92-40." 3. Repair all instances where "Ordinance 92 40" appears by amending to read "Ordinance 92-40." 4. The "Be It Further Resolved" clause is amended to read as follows: "BE IT [~] FINALLY 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." Comm. Ref. To:~s,ssen,~ ~ -_ Dl:awm Ref. Uate f~iAY 0 5 ~t10R Att. Hawai `i County /s Att Equal Oppor[unity Provider And Employer 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 HAWAII: WHEREAS, Kohala Ranch LLC is the landowner of approximately 1221.336 acres of land at Kahua 15~, 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 Apri129, 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 Hawaii 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 LLC, 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 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 share contribution of $16,191.99 toward the purchase of a new fire truck to offset future fair share contributions to fire protection functions for thirty-three (33) single family residential units as required in Condition "R(a)" of Change of Zone Ordinance No. 92-40. BE IT FINALLY 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.