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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 201 H; 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 Hawai'i County Code Section 11 -16; and <br /> WHEREAS, the County Council has reviewed the Kamakana Villages at Keahuolu Plans & <br /> Figures, submitted to the Council by OHCD and attached hereto as Exhibit A, and the list of <br /> exemptions attached hereto as Exhibit B (Exhibits A and B are hereinafter collectively referred to as <br /> the "preliminary plans and specifications for Kamakana Villages "); and <br /> WHEREAS, the approval of preliminary plans and specifications for Kamakana Villages, <br /> and the granting of the exemptions, is necessary for the timely and successful implementation of <br /> Kamakana Villages; and <br /> WHEREAS, the preliminary plans and specifications for Kamakana Villages described <br /> herein meet the minimum 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 for Kamakana Villages; 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 Hawai'i 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, <br /> A. References to HHFDC, OHCD and Forest City shall be deemed to include any successor <br /> agency, and any person or entity, as applicable; <br /> B. References to specific statutes, ordinances or regulations shall be deemed to include any <br /> respective successor statutes, ordinances or regulations; and <br /> BE IT FURTHER RESOLVED, that this Resolution shall be void unless the State Land Use <br /> Commission approves the Petition for Land Use District Boundary Amendment of approximately <br /> 271.837 acres of land from the State Land Use Agricultural District to the State Land Use Urban <br /> District; <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 />