HomeMy WebLinkAboutRES 427 Draft 02 2022-2024 COUNTY OF HAWAI`I -+( ,e0.i.- STATE OF HAWAI`I
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RESOLUTION NO. 42'7 24
(DRAFT 2)
A RESOLUTION AUTHORIZING THE EXEMPTION OF CERTAIN CODE
REQUIREMENTS, PURSUANT TO SECTION 201H-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;
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 Hawai`i 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 HAWAII 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 Kona , Hawai`i, this 21st day of February , 2024 .
INTRODUCED BY:
COUNCIL MEMBER, COUNTY OF HAWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i EVANS X
GALIMBA X
I hereby certify that the foregoing RESOLUTION was by INABA X
the vote indicated to the right hereof adopted by the COUNCIL of the KAGIWADA X
County of Hawaii on February 21, 2024
KANEALI`I-KLEINFELDER X
KIERKIEWICZ X
ATTEST: KIMBALL X
LEE LOY X
VILLEGAS X
8 0 1 0
Reference: C-698.8/LAAC-51
CLERK ERSON&P IDING OFFICER RESOLUTION NO. 427 24
(Draft 2)
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EXHIBIT A
KUAKINI HEIGHTS
Exhibit 24
Exemptions Requested
Development Standard Applicable Code
Applicable only to TMK (3) 7-5-003: 007
Set back (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 Section 25-4-58(B), HCC
loading 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 from requirement D. However construction of the affordable housing project
shall commence within five (5) years of adopting Resolution 427-24.
3. Exemption from requirement E. The referenced Salvation Army Complex will no longer
be developed on the project site.
4. Exemption from requirement S for the Affordable Project on TMK(3) 7-5-003: 007. The
fair share contribution requirements shall not apply to affordable rental units developed on
TMK(3) 7-5-003: 007.
5. Exemption from requirement V for the Affordable Project on TMK(3) 7-5-003: 007.
Impact fees shall not be applicable to affordable rental units developed on
TMK(3) 7-5-003: 007.
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