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COUNTY OF HAWAII STA'L'E OF HAWAII
�rE OF
RESOLUTION NO. 427
A RESOLUTION AUTHORIZING THE EXEMPTION OF CERTAIN CODE
REQUIREMENTS, PURSUANT TO SECTION 20111-38 OF THE HAWAII REVISED
STATUTES, FOR THE KUAKINI HEIGHTS AFFORDABLE HOUSING PROJECT IN
KAILUA KONA, HAWAII, COVERED BY TAX MAP KEY (3) 7-5-003:007.
WHEREAS, Kuakini Heights Housing Partners LP ("DEVELOPER") has proposed to
build Affordable Housing and wish to continue the development of this project; and
WHEREAS, the DEVELOPER is proposing to build the Kuakini Heights Affordable
Dwelling Development ("AFFORDABLE PROJECT") at Tax Map Key (3) 7-5-003:007,
consisting of 10.529 acres of land; and
WHEREAS, the AFFORDABLE PROJECT is proposed to consist of an affordable
multi -family housing development containing 100 affordable residential rental units for local
families earning a household income of no more than 60% AMI; and
WHEREAS, the AFFORDABLE PROJECT shall remain affordable for no fewer than
61 years after initial occupancy; and
WHEREAS, abutting the AFFORDABLE PROJECT, SCD Kona 108 LLC plans on
developing 97 market rate units on Tax Map Key (3) 7-5-003:008, and 009; and
WHEREAS, the proposed AFFORDABLE PROJECT and market rate residential
development are impacted by rezoning Ordinance 06-152, which covers a total of 106.259 acres
which includes Tax Map Key (3) 7-5-003:007 and two adjacent parcels located at TMK's (3)7-5-
007:008 and :009 ("PROJECT SITE"); and
WHEREAS, the AFFORDABLE PROJECT is also impacted by Land Use Commission
Docket Number A94-705 Decision & Order (D&O), which includes various other parcels that
include TMK's (3) 7-4-008:001; 7-5-003:006,:007,:023; 7-5-10:005; 7-5-017:001,:019; 7-6-
013:009; 7-7-004:002,:056; 7-7-007:041; 7-7-008:027, :099, :105; 7-8-10:029 and :030; and
WHEREAS, the DEVELOPER is requesting certain exemptions to the Hawaii County
Code and Ordinance conditions to assist in the production of the AFFORDABLE PROJECT, in
accordable with HRS Section 20111-38; and
WHEREAS, the AFFORDABLE PROJECT will promote the goals contained in HRS
Section 201H-38 and Chapter 11 of the Hawaii County Code, which relate to affordable
housing; and
WHEREAS, the majority of developed residential units of the PROJECT SITE shall
serve as affordable housing, as approved by the County of Hawaii Office of Housing &
Community Development, and the market rate residential development may not exceed 49% of
the overall development of the PROJECT SITE; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it
hereby authorizes the exemption of certain requirements of the County Code and Ordinance 06-
152, as provided in the attached Exhibit "A", pursuant to HRS Section 2011-1-38, for the Kuakini
Heights affordable housing project.
BE IT FURTHER RESOLVED that all covered parcels shall remain responsible for
complying with the conditions of the Findings of Fact, Conclusions of Law and Decision and
Order issued on June 22, 1998 Land Use Commission Docket No. A94-705, as well as any
conditions of Ordinance 06-152 that have not been explicitly excluded in Exhibit "A".
BE IT FURTHER RESOLVED that this resolution shall take effect immediately.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the Planning Director and Housing Administrator of the County.
Dated at
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
Hawaii, this _ day of
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
ATTEST:
NX
INTRODUCED BY:
3,P) C44 Pz
COUNCIL MEMBER, COUNTY OF HAWAII
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
0
ROLL CALL VOTE
AYES� NOES ABS EX
EVANS
GALIMBA
INABA
KAGIWADA
KANEALI'l-KLEINFELDER
KIERKIEWICZ
KIMBALL
LEE LOY
VILLEGAS
Reference: C-698/LAAC
RESOLUTION NO. 427 24
U KINI HEIGHTS
Exhibit 24
Exemptions Requested
Development Standard
Applicable Code
Applicable only to TMK (3) 7-5-003: 007
Setback (10 foot rear setback in lieu of
Section 25-5-36, Hawaii County Code (HCC)
20 foot required rear setback)
Exemption from Grading Permit Fees for the
Section 10-11, HCC
affordable rental housing project to be developed
on TMK (3) 7-5-003: 007.
Exemption from Building Permit Fees for the
Section 5-7-3, HCC
affordable rental housing project to be developed
on TMK (3) 7-5-003: 007.
Exemption to permit a 12' x 22' X 14' high loading
Section 25-4-58(B), HCC
zone stall in lieu of a required 12' x 50' x 14' high
loading zone stall.
Exemptions from Provisions of Ordinance 06-152:
1. Exemption from requirement C relating to final subdivision approval.
2. Exemption to amend requirement D by removing the first sentence that states, "Construction of
the proposed affordable housing project shall be completed within five (5) years from the
effective date of this ordinance.
3. Exemption from requirement E. The referenced Salvation Army Complex will no longer be
developed on the project site.
4. Exemption to amend requirement S by the addition of the following paragraph: "The fair share
contribution requirements shall not apply to affordable rental units developed on TMK (3) 7-5-
003: 007.
5. Amendment to requirement V by the addition of the following "Such impact fees shall not be
applicable to affordable rental units developed on TMK (3) 7-5-003: 007.