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�J�tY^Oi-7•• <br /> COUNTY OF HAWAII STATE OF HAWAII <br /> OF N� <br /> • <br /> G4 13 <br /> RESOLUTION NO. <br /> (DRAFT 2) <br /> RESOLUTION AUTHORIZING THE EXEMPTION OF CERTAIN CODE <br /> REQUIREMENTS, PURSUANT TO SECTION 201H-38 AND SECTION 46-15 OF THE <br /> HAWAII REVISED STATUTES FOR THE HOUSING UNITS TO BE CONSTRUCTED <br /> BY KIDDS DEVELOPMENT CORPORATION AT KUMULANI GARDENS, SOUTH <br /> HILO, HAWAII COVERED BY TAX MAP KEY 2-5-006:061. <br /> WHEREAS, on September 21, 1981, Change of Zone Ordinance 716 became effective, <br /> changing the district classification from single-family residential (RS-15) to single family <br /> residential (RS-10) on the parcel covered by Tax Map Key 2-5-006:061; and <br /> WHEREAS,the development of the original project stalled due to a lack of sufficient <br /> water which resulted in the developer being unable to meet the deadlines specified within <br /> Change of Zone Ordinance 716; and <br /> WHEREAS, KIDDS DEVELOPMENT CORPORATION is now the current owner and <br /> developer of the 25-acre parcel and has secured sufficient water commitments for the project to <br /> move forward for the construction of eighty-three (83) housing units on 10,000 square foot <br /> single-family lots. Forty-three (43) of the housing units, equaling fifty-two percent of the total <br /> project, will be affordable in accordance with Section 201H of the HAWAII REVISED <br /> STATUTES (HRS); and <br /> WHEREAS, KIDDS DEVELOPMENT CORPORATION entered into an agreement <br /> with the County, dated May 21, 2012, to make Kumulani Gardens an affordable housing project <br /> and satisfy the affordable housing requirements of both Kumulani Gardens and Hilo Hillside <br /> Development, a development within 15-miles of Kumulani Gardens; and <br /> WHEREAS, KIDDS DEVELOPMENT CORPORATION will satisfy the affordable <br /> housing requirements of Kumulani Gardens and Hilo Hillside by providing (43) affordable <br /> homes, with ten (10) homes affordable to families earning less than eighty percent of median <br /> income, eleven (11) homes affordable to families earning below one-hundred percent of median <br /> income, and twenty-two (22) homes to be affordable to families earning less than one-hundred <br /> and forty percent of median income; and <br /> WHEREAS, HRS Section 201H-38, in conjunction with HRS 46-15.1, allows the <br /> County, with approval of the County Council, to exempt low-income housing projects from <br /> certain code requirements to facilitate the development of the project; and <br /> WHEREAS, KIDDS DEVELOPMENT CORPORATION has requested that the <br /> County exempt the property from certain code requirements to help reduce the cost of producing <br /> the affordable housing; and <br />