HomeMy WebLinkAboutRES 279 Draft 01 1998-2000 COUNTY OF HAWAII STATE OF HAWAII
RESOLUTION NO. 279 00
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CANCELLATION OF AN
APRIL 29, 1993, AGREEMENT WITH KAMEHAMEHA INVESTMENT
CORPORATION, AS AMENDED ON NOVEMBER 24, 1999, AND TO EXECUTE A
NEW AGREEMENT TO SATISFY THE AFFORDABLE HOUSING REQUIREMENT FOR
BAYVIEW ESTATES AT KEAUHOU.
WHEREAS, the Kamehameha Investment Corporation (KIC) is the
owner of approximately 19.388 acres of land at Keauhou I, North
Kona, Hawaii, identified as Tax Map Key: 7-8-10: por. 50 & 7-8-
11: 6 (Property); and
WHEREAS, on January 22, 1992, the County Council adopted
Ordinance No. 92-9, which rezoned the Property from Unplanned
(U) to Single Family Residential (RS-15); and
WHEREAS, Condition H of the Change of Zone Ordinance 92-4
requires that KIC work with the Office of Housing and Community
Development to formulate a housing plan for the development; and
WHEREAS, on April 29, 1993, the County entered into an
agreement with KIC to satisfy Condition H of Change of Zone
Ordinance 92-4 for the Property; and
WHEREAS, on November 29, 1994, the County amended the
agreement with KIC to satisfy Condition H of Change of Zone
Ordinance 92-4 for the Property; and
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WHEREAS, Section 11-8 of the Hawaii County Code provides
that any affordable housing condition or portion thereof in a
prior rezoning ordinance which has not been fully satisfied as
of the effective date of this policy may be re-assessed, to the
extent it has not been fully satisfied, pursuant to this policy
[Section 11-8 Hawaii County Code] upon the initiation of the
person or entity which is legally required to satisfy such
condition; and
WHEREAS, the existing affordable housing agreement with KIC
was not fully satisfied as of January 7, 1998, the effective
date of the policy; therefore Section 11-8 of the Hawaii County
Code applies;
WHEREAS, KIC has submitted a request to adjust the in-lieu
fee amount from a 11 units at $18,000 per unit to 6 units at
$4,720 per affordable unit;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
OF HAWAII that the Mayor is hereby authorized to execute
cancellation of the agreement dated April 29, 1993, as amended
on November 29, 1999, with Kamehameha Investment Corporation
which would be superseded under a new agreement with Kamehameha
Investment Corporation.
BE IT FURTHER RESOLVED, that the Mayor is hereby authorized
to execute an agreement with Kamehameha Investment Corporation
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to satisfy Condition H of Change of Zone Ordinance 92-9, dated
April 29, 1993.
BE IT FURTHER RESOLVED, that a copy of this resolution be
transmitted to the Office of Housing and Community Development,
the Planning Department and Kamehameha Investment Corporation.
Dated: Hilo, Hawaii, this 26th day of July 2000.
INTRODUCED BY:
COUNCIL E BER, COUNTY OF HAWAII
COUNTY COUNCIL ROLL CALL VOTE
County of Hawaii AvES Noes ABS EX
Hilo, Hawaii ARAKAKI g
CHUNG g
I hereby certify that the foregoing RESOLUTION was by ELARIONOFF X
the vote indicated to the right hereof adopted by the COUNCIL of the JACOBSON X
County of Hawaii on July 26, 2000 LEITHEAD-TODD
X
ATTEST: PISICCHIO X
/ SMITH X
TYLER X
YAGONG X
~ 6 1 2 0
OUNTY CLERK CHAIRMAN & PRESIDING OFFICER Reference: C-841
RESOLUTION NO. ~r~9 OQ
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