HomeMy WebLinkAboutRES 453 Draft 01 2004-2006 COUNTY OF HAWAII STATE OF HAWAII
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453 I;
RESOLUTION NO.
RESOLUTION ACCEPTING THS DEDICATION OF THS PARCEL DESCRIBED AS
TMK: 7-3-009:055 TO SATISFY THS AFFORDABLE HOUSING REQUIREMENTS PURSUANT TO
CHAPTER 11 OF TH8 HOUSING CODS AND APPROVING TH8 AGREEMENT BXECUTSD ON JULY
14, 2006, BY AND BETWEEN TSA CORPORATION AND TH8 COUNTY OF HAWAII TO
COMPLY WITH HAWAII COUNTY CODS, CHAPTBR 11, HOUSING
WHEREAS, Change of Zone Ordinance No. 02-114, effective on September
11, 2002, rezoned the property from Open (O) to Industrial-Commercial Mixed
District (MCX-la); and
WHEREAS, Change of Zone Ordinance No. 02-114 included condition B
which stipulates that the applicant shall comply with all requirements and
conditions of the State Land Use Commission's Findings of Fact, Conclusions
of Law and Decision and Order issued on February 14, 2002, relating to Land
Use Commission Docket No. A00-732; and
WHEREAS, Section it-4 (d) of the Housing Code provides the affordable
housing requirements for industrial uses and stipulates that industrial
uses that must fulfill the affordable housing requirements are any uses
allowed as of right in a ML or MG district, except for home improvement
centers, and any uses that are also allowed as of right in a CG district;
and
WHEREAS, Section 11-4 (d) of the Housing Code further states that
individual industrial enterprises generating more than 100 employees on a
full-time equivalent basis must earn one affordable housing credit for
every four full-time equivalent jobs created; and
WHEREAS, the Kaloko Industrial Subdivision, Phases III and IV, will
be developing 75 one-acre lots for sale for light industrial and commercial
uses and is unlikely to include individual industrial enterprises having
more than 100 employees; and
WHEREAS, TSA Corporation (TEA) has partnered with the County and
elected to dedicate an 8-acre parcel ("Parcel") at Tax Map Key 7-3-009:055
(formerly 7-3-051: portion 060) to comply with the Housing Code; and
WHEREAS, dedication of the Parcel will satisfy the affordable housing
requirements imposed pursuant to the Housing Code as it relates to (a) TEA,
the developer of the Kaloko Industrial Subdivision, Phases III and IV and
(b) subsequent purchasers of the lots in the Kaloko Industrial Subdivision,
Phases III and IV; and
WHEREAS, TSA has executed an agreement with the County on July 14,
2006 to, (1) convey the Parcel to the County for public use; (2) construct a
temporary access roadway; and (3) construct a water service lateral to the
Parcel.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that
pursuant to Section 2-162.1 of the Hawaii County Code that the Hawaii County
Council accept the dedication of parcel described as TMK: 7-3-009:055 to satisfy
the Affordable Housing Requirements, pursuant to Hawaii County Code, Chapter 11,
Housing; and
BE IT FURTHER RESOLVED, that the agreement executed July 14, 2006 by and
between TSA Corporation and the County of Hawaii for the transfer of the Parcel
7-3-009:055 is hereby approved.
BE IT FURTHER RESOLVED, that copies of this Resolution be sent to the
Administrator of the Office of Housing and Community Development and TSA
Corporation.
BE IT FURTHER RESOLVED, that this Resolution shall take effect immediately.
Dated at Kona Hawaii, this 20th day of September, 2006.
I B~`l:
COUNCIL ~R, C t OF WAIT
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii
Hilo, Hawaii AYES NOES ABS EX
ARAKAKI
I hereby certify that the foregoing RESOLUTION was by the RIGA X
vote indicated to the right hereof adopted by the COUNCII. of HOFFMANN X
the County ofHawai`ion September 20, 2006 HOLSCHUH g
IKEDA X
ATTEST:
ISBELL
JACOBSON g
PILAGO X
SAFARIK X
8 0 1 0
Reference: C-1065/CHA
COUNTY CLERK CHAIRMAN & PRESIDING OFFICER RESOLUTION NO. 453 ~