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WHEREAS, Section 46 -15.1, HRS, grants to the County the same powers subject to
<br /> applicable limitations as those granted to HHFDC under HRS Chapter 201H; and
<br /> WHEREAS, Kamakana Villages will promote the goals contained in Sections 201H -38 and
<br /> 201H -44, HRS, and in Chapter 2, Article 13, of the Hawai'i County Code; and
<br /> WHEREAS, the County Council is empowered to and authorized to approve Kamakana
<br /> Villages, to include exemptions from all statutes, ordinances, charter provisions, and rules of any
<br /> government agency relating to planning, zoning, construction standards for subdivisions,
<br /> development and improvement of land, and the construction of dwelling units thereon pursuant to
<br /> Sections 46 -15.1, 201H -38 and 201H -44, HRS, and Hawaii County Code Section 11 -16; and
<br /> WHEREAS, the County Council has reviewed the preliminary plans and specifications for
<br /> Kamakana Villages (Plans & Figures), submitted to the Council by OHCD and attached hereto as
<br /> Exhibit A, and the exemptions attached hereto as Exhibit B; and
<br /> WHEREAS, the granting of the exemptions is necessary for the timely and successful
<br /> implementation of Kamakana Villages; and
<br /> WHEREAS, the exemptions for Kamakana Villages described herein meet the minimum
<br /> requirements of health and safety.
<br /> NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
<br /> HAWAII, that it approves Kamakana Villages, which approval includes the preliminary plans and
<br /> specifications as set forth in Exhibit A, and the exemptions from certain requirements for Kamakana
<br /> Villages, as set forth in Exhibit B; and
<br /> BE IT FURTHER RESOLVED, that pursuant to provisions of Section 201H-38(a)(3)(C),
<br /> HRS, in consultation with OHCD, that the Planning Director of the County of Hawai'i and /or its
<br /> duly authorized representative shall be the responsible County official who shall certify maps and
<br /> plans of lands connected with Kamakana Villages as having complied with applicable laws and
<br /> ordinances relating to the zoning, consolidation and subdivision of lands, and the maps and plans
<br /> shall be accepted for registration or recordation by the land court and registrar; and
<br /> BE IT FURTHER RESOLVED, that the Planning Director of the County of Hawaii and /or
<br /> its duly authorized representative is hereby authorized to execute other documents required to
<br /> develop Kamakana Villages; and
<br /> BE IT FURTHER RESOLVED, that as used in this Resolution, references to specific
<br /> statutes, ordinances or regulations shall be deemed to include any respective successor statutes,
<br /> ordinances or regulations; and
<br /> BE IT FURTHER RESOLVED, that this Resolution shall be void unless substantial
<br /> construction, meaning the actual start of construction of infrastructure under a bona fide contract, or
<br /> multiple contracts, totaling not less than five million dollars ($5,000,000.00), of Kamakana Villages
<br /> has commenced within five (5) years from the approval of this Resolution; and
<br /> BE IT FURTHER RESOLVED, that the exemptions granted for Kamakana Villages are not
<br /> transferable to any other real property; and
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