HomeMy WebLinkAboutRES 041 Draft 01 2014-2016COUNTY OF HAWAIII
RESOLUTION NO.
STATE OF HAWAII
41 15
RESOLUTION AUTHORIZING APPROVAL OF IN LIEU FAIR SHARE CONTRIBUTION
TO SATISFY CONDITION "M" OF ORDINANCE NO. 09 149.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII:
WHEREAS, Edwin Y. Nagata Trust is the landowner of approximately 5.50 acres of land
at Waiakea, South Hilo, Hawaii, covered by Tax Map Key (3) 2-4-031:008 (hereinafter referred
to as the ``Property"); and
WHEREAS, on December 3, 2009, Change of Zone Ordinance No. 09 149 became
effective changing the zoning district classification from Agricultural (A -3a) to Family
Agricultural (FA -1 a) for the Property; and
WHEREAS, Condition "F" of Change of Zone Ordinance No. 09 149 requires that the
applicant subdivide a fifteen (15) -foot wide future road widening strip along the entire property
frontage of Ainaola Drive and dedicate the future road widening strip to the County within five
(5) years from the effective date of the ordinance; and
WHEREAS, Condition "M" of Change of Zone Ordinance No. 09 149 requires that the
applicant comply with the requirements of fair share contribution to mitigate potential regional
impacts of the project; and
WHEREAS, Condition "M" of Change of Zone Ordinance No. 09 149 requires payment
of $11,996,63 per single family residential unit for fair share contributions to support Parks and
Recreation, Police, Fire, and Solid Waste Facilities, and Road and Traffic Improvements; and
WHEREAS, Edwin Y. Nagata Trust has developed 4 single family residential lots and
has contributed $35,989.89 in fair share payments for the 4 lots as required for Parks and
Recreation, Police, Fire, and Solid Waste Facilities and Road and Traffic Improvements as
required by Condition "M (1), (2), (3), (4), (5)" of Change of Zone Ordinance No. 09 149; and
WHEREAS, Edwin Y. Nagata Trust requested a portion of the fair share requirement for
Parks and Recreation, Police, Fire, and Solid Waste Facilities and Road and Traffic
Improvements, $2,400.00, be in the form of in lieu credit for the contribution of land as required
by Condition "F" of Change of Zone Ordinance No. 09 149; and
WHEREAS, Condition "M" of Change of Zone Ordinance No. 09 149 states that the cost
of contributing land required in Condition F shall be credited against the sum specified in
Condition M; and
WHEREAS, Ted Yamamura, Certified General Appraiser provided an appraisal to Mr.
Kenneth Van Bergen, Property Manager, County of Hawaii — Department of Finance, which
stated the estimated market value of the subject Road Lot B, as of February, 27, 2013, was
$2,400.00; and
WHEREAS, the Planning Director reviewed and approves the reimbursement of the cost
of contributing land, $2,400.00, to satisfy and exceed the required 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 contribution of land in the
amount of $2,400.00 to offset the full amount of the fair share contribution as required in
Condition "M" of Change of Zone Ordinance No. 09 149.
BE IT FURTHER RESOLVED that the $2,400.00 be approved to offset future fair share
contributions for the contribution of land.
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded to: (1) Mayor
William P. Kenoi; (2) Planning Department; (3) Department of Public Works; (4) State of
Hawaii Department of Transportation; (5) Edward Nagata 793 Ainaola Drive Hilo, Hawaii
96720
Dated at Kona , Hawai`i, this 18th day of February_, 2015.
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on February 18, 2015
ATTEST: X�
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
ROLL CALL VOTE
Reference: C-65/PC-2
RESOLUTION NO. 41 15
AYES NOES ABS EX
CHUNG
X
DAVID
X
EOFF
X
ILAGAN
X
KANUHA
X
ONISHI
X
PALEKA
X
POINDEXTER
X
WILLS
j X
8 0 1 0
Reference: C-65/PC-2
RESOLUTION NO. 41 15