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HomeMy WebLinkAboutRES 427 Draft 01 2022-2024A RESOLUTION AUTHORIZING THE EXEMPTION OF CERTAIN CODE REQUIREMENTS, PURSUANT TO SECTION 201H-38 OF THE HAWAI‘I REVISED STATUTES, FOR THE KUAKINI HEIGHTS AFFORDABLE HOUSING PROJECT IN KAILUA KONA, HAWAI‘I, 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; 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; 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 Hawaiʻi County Code and Ordinance conditions to assist in the production of the AFFORDABLE PROJECT, in accordable with HRS Section 201H-38; and WHEREAS, the AFFORDABLE PROJECT will promote the goals contained in HRS Section 201H-38 and Chapter 11 of the Hawai‘i County Code, which related 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 Hawai‘i 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 HAWAI‘I that it hereby authorizes the exemption of certain code requirements as provided in the attached Exhibit “A”, pursuant to HRS Section 201H-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 _____________, Hawai‘i, this ______ day of ___________________, 20___. INTRODUCED BY: _______________________________________ COUNCIL MEMBER, COUNTY OF HAWAI‘I COUNTY COUNCIL County of Hawai‘i Hilo, Hawai‘i ROLL CALL VOTE    AYES NOES ABS EX   CHUNG       DAVID       I hereby certify that the foregoing RESOLUTION was by the vote indicated to the right hereof adopted by the COUNCIL of the County of Hawai‘i on _____________________________________. INABA       KANEALI‘I-KLEINFELDER       KIERKIEWICZ       KIMBALL      ATTEST: LEE LOY       RICHARDS       VILLEGAS              Reference:  COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER RESOLUTION NO.