HomeMy WebLinkAboutRES 289 Draft 01 1996-1998
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COUNTY OF HAW1i
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.....'S~ATE OF HAWAII
RESOUJTIONNO.~
A RESOLUTION AUTHORIZING THE MAYOR TO NEGOTIATE AND EXECUTE AN
AGREEMENT WITH KA'UPULEHU MAKAI VENTURE 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,
Hawai'i, 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, 1986, 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 ilK"
of Change of Zone Ordinance 88..,.157 for the Four Seasons Resort;
and
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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 98-1 applies; and
WHEREAS, the KMVhas submitted a proposal entitled the
Hualalai Resort Affordable Housing Implementation Plan to the
Hawai'i County Housing Agency, pursuant to Ordinance 98-1, to
satisfy the KMV's affordable housing condition.
NOW, THEREFORE, 'BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
OF HAWAI' I that the Mayor is hereby aut'horized to negotiate" and
execute an agreement with the Ka'upulehu Makai Venture to satisfy
the Ka'upulehu MakaiVenture'saffordable housing,condition
imposed by Change of Zone Ordinance 88-157.
BE IT FURTHER RESOLVED that, pursuant to Sections 11-4(c) (5)
and 11-5 (c) (2) (D) of, Ordinance 98-1, the County Housing Agency
approved the Hualalai Resort Affordable. Housing Implementation
Plan to satisfy the" r.esidential and resort affordable housing
requirements of Ordinanc:::e 98 -1. .
BE IT FURTHER RESOLVED that, p~r~,uant.toSections 11'-4(d)
and 11-5(d) of Ordinance 98-1, the period approved by the County
Housing Agency to implement the plan to satisfy the affordable
housing condition shall be five (5) years.
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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, Hawai'i, this
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day of
1998.
INTRODUCED BY:
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COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
ROLL CALL VOTE
I hereby certify that the foregoing RESOLUTION was by the
vote indicated to the right hereof ,adol'tedl?Y ,the <;:OUNCIL of the
County of Hawaii on--~-, --- - ,. . ,
, AYES NOES ABS EX
ARAKAKI
CHUNG ,
,
LEITHEAD-TODD ,
RAY
REYNOLDS
SANTANGELO '"
SMITH
TYLER
YAGONG
ATTEST:
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Reference C - 897
COUNTY CLERK
CHAIRMAN & PRESIDING OFFICER
RESOLUTION NO.
289 98