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COUNTY OF HAWAI'I STATE OF HAWAI'I <br /> RESOLUTION NO. 405 10 <br /> RESOLUTION AUTHORIZING THE EXEMPTION OF CERTAIN HAWAII COUNTY <br /> CODE REQUIREMENTS, PURSUANT TO SECTION 201H -38 OF THE HAWAII <br /> REVISED STATUTES FOR THE PROPOSED KAMAKANA VILLAGES AT KEAHUOLU <br /> MASTER - PLANNED MIXED -USE AFFORDABLE HOUSING PROJECT. <br /> WHEREAS, the Forest City Hawaii Kona, LLC ( "Forest City "), in collaboration with the <br /> Hawai'i Housing Finance and Development Corporation, a public body and body corporate and <br /> politic of the State of Hawaii ( "HHFDC "), has been working to develop a master - planned mixed - <br /> use affordable housing project, to be known as Kamakana Villages at Keahuolii ( "Kamakana <br /> Villages ") on approximately 272.063 acres of land at Keahuolu, North Kona, Hawai'i, identified by <br /> TMK Nos: (3) 7 -4 -021: 020, 024, 025, 026, 027; and <br /> WHEREAS, the Office of Housing and Community Development ( "OHCD ") has been <br /> working in consultation with Forest City and HHFDC to develop Kamakana Villages; and <br /> WHEREAS, the County, Forest City and HHFDC mutually support development of a <br /> master - planned mixed -use affordable housing project with a maximum of 2,330 residential units, of <br /> which 1,169 residential units shall be affordable housing units, meaning units that are offered for <br /> rent or sale at cost levels that are affordable to qualified residents whose incomes do not exceed one <br /> hundred forty percent (140 %) of the median family income in the County of Hawaii; and <br /> WHEREAS, the OHCD has determined that Forest City is an acceptable and eligible <br /> developer in satisfaction of the requirements of Chapter 201H of the Hawai'i Revised Statutes; and <br /> WHEREAS, OHCD is providing certification to the State Land Use Commission that <br /> Kamakana Villages constitutes an eligible 201H -38, Hawai'i Revised Statutes ( "HRS "), affordable <br /> housing project; and <br /> WHEREAS, Forest City and HHFDC have entered into a development agreement governing <br /> the development of Kamakana Villages; and <br /> WHEREAS, Forest City may be applying for the use of State and Federal low income <br /> housing tax credits program funds; and <br /> WHEREAS, Sections 201H -38 and 201H -44, HRS, allow affordable housing projects, <br /> including commercial and industrial properties developed in connection with dwelling units, to be <br /> exempt from all statutes, ordinances, charter provisions and rules of any government agency <br /> relating to planning, zoning, construction standards for subdivisions, development and improvement <br /> of land, and the construction of dwelling units thereon, provided the County Council approves the <br /> project; and <br /> 2019hmko <br />