HomeMy WebLinkAboutRES 077 Draft 02 1998-2000 COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 99
(DRAFT 2)
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CANCELLATION OF THE
FEBRUARY 12, 1990, AGREEMENT WITH KA`UPULEHU DEVELOPMENTS, AS
AMENDED ON OCTOBER 8, 1991, TO SATISFY THE AFFORDABLE HOUSING
REQUIREMENT FOR KA`UPULEHU MAKAI DEVELOPMENT
WHEREAS, the Ka`upulehu Makai Venture ("KMV") acquired approximately
624.4 acres of land at Ka`upulehu, North Kona, Hawaii, covered by tax map key numbers
(3)7-2-03:001, 002,004,005,008, & 009;(3)7-2-011:001-018;(3)7-2-12:001-015, 017-029 and
(3)7-2-013:001-012, from Ka`upulehu Developments, hereinafter referred to as the "Property";
and
WHEREAS, on October 24, 1996, the State Land Use Commission ("LUC"), Docket
No. A85-597, approved the reclassification of the Property from Conservation to an Urban land
use district, provided that Ka`upulehu Developments or its successor shall provide affordable
housing opportunities; and
WHEREAS, on October 27, 1988, Change of Zone Ordinance 88-157 became effective
and rezoned the Property; and
WHEREAS, Condition "K" of Change of Zone Ordinance 88-157 requires that the
applicant be responsible to provide affordable housing; and
WHEREAS, on February 12, 1990, the County entered into an agreement with
Ka`upulehu Developments to satisfy Condition "K" of Change of Zone Ordinance 88-157 for the
Four Seasons Resort; and
WHEREAS, on October 8, 1991, the County amended the agreement with Ka`upulehu
Developments to satisfy Condition "K" of Change of Zone Ordinance 88-157 for the Four
Seasons Resort; and
WHEREAS, the Office of Housing and Community Development has received an
opinion from the County's Corporation Counsel stating that, because the amended agreement is
unfulfilled, Condition "K" remains unsatisfied, therefore, Ordinance 98- I applies; and
WHEREAS, the KMV has submitted a proposal for a housing subsidy program
administered by the developer to the Hawaii County Housing Agency, pursuant to Ordinance
98-1, to satisfy the KMV's affordable housing condition; and
WHEREAS, on July 1, 1998, the County Council adopted Resolution No. 289-98 which
authorized the Mayor to negotiate and execute an agreement with Ka`upulehu Makai Venture to
satisfy the affordable housing condition in Ordinance No. 88-157; and
WHEREAS, Resolution No. 289-98 did not specifically authorize the Mayor to execute a
cancellation of the original agreement executed on February 12, 1990, with Ka`upulehu
Developments, as amended on October 8, 1991.
NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE COUNCIL OF THE
COUNTY OF HAWAII that the Mayor is authorized to execute cancellation of the agreement
previously executed on February 12, 1990, with Ka`upulehu Developments, as amended on
October 8, 1991, which would be superseded under the new ageement with Ka`upulehu Makai
Venture.
BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the Office
of the Mayor, the Planning Department, the Office of Housing and Community Development
and to the Ka`upulehu Makai Venture.
Dated at Hilo, Hawaii, this 21st day of April , 1999.
H,CED BY•
CIL MEMBER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County Of Hawaii AYES NOES ABS EX
Hilo, Hawaii X
CHUNG J{
l hereby certify that the foregoing RESOLUTION wes by ELARIONOFF X
the vote indicated to the right hereof adopted by~9C~0UNCIL of the JACOBSON
County of Hawaii on Apxsl 21
LETI'EIEAD-TODD X
ATTEST: ~ PISICCHIO g
SMITH X
~G~~e""' 'CYI.ER X
YAGONG g
7 2 0 0
Reference: C-249.001
7'7 99 (DRAFT 2 )
COUNTY CLERK AIItMAN & PRESIDING OFFICER RESOLUTION NO.