HomeMy WebLinkAboutRES 289 Draft 02 1996-1998
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COUNTY OF HAW1iJ.
/i"Sl'ATE OF HAWAII
RESOLUTION NO.' ,28998
(DRAFT 2)
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
WH~REAS,\ the'Ka "l.lpule~u'Makai Venture (" KMV" ) acquired
approximately 624 .4 "acres of land,'at Ka'upulehu; North Kona,
Hawai'i,' covered b,y 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) 7-2-0~3:'; 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
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Property from Conservation to an Urban land,use district,
provided that Ka'upuiehu Developments or its successor shall
provide affordable housing opportunities; and
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WHEREAS~ on October 27, 1988, Change of Zone Ordinance .88-
157 became effective and rezoned the Property; and
WHEREAS, Condition "K" of ' Change 6fZone Ordinance 88-157
requires that the applicant-be responsible 'to provide affordable
housing; and
'WHEREAS, on Febr~ary 12; 1990, the County entered into an
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agreement with Ka',upulehu, Developments to satisfy Conditipn "K"
of Change of Zone Ordinance 88-157 for the Four Seasons Resort;
and
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WHEREAS, on October 8, 1991, the C6untyamended the
. agreement with Ka'upulebu Developm~nts to satisfy Condition "K"
of Change of Zone Ordinance 88,...157 for the Four Seasons Resort;
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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, theKMV has submitted a proposal for a housing
subsidy program administered by the developer to the Hawai'i
County Housing Agency, pursuant to Ordinance 98-1, to satisfy the
KMV's affordable housing condition.
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NOW, THEREFORE,BEIT RESOLVED BY THE COUNCIL OF THE COUNTY "
OF HAWAI'I that the Mayor is hereby authorized to negotiate and
execute an agreement with the Ka'upulehu Makai Venture to satisfy
the Ka'upulehu MCikai Venture's affordable housing condition
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imposed by Chang~ o~ Zone Ordinance 88~157.
BE IT FURTHER RESOLVED that"p;ursuant to Sections 11-4 (c) (5)
and 11-5(c) (2) (D) of Ordinance 98-1, the County Housing Agency
approved a housing subsidy program administered by the developer
to satisfy the residential and resort affordable housing
requirements of Ordinance 98-1.
BE IT FURTHER RESOLVED that, .pursuant to Sections 11-4 (d)
and 11-5(d) of Ordinance 98-1,tqe 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 resolutibnbe
transtnittedto the Office of the Mayor, the Planning Depart~ent,
the ,Office ,ofH:ousing.~I1q. Comtn:unityDevelopm~nt and to the
Ka~upulehu Makai Venture.
Dated, at Hilo, Hawai'i, ,this 1st
day of ',' July
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1998.
COUNTY COUNCIL '
County of Hawaii
Hilo, ,Hawaii'
ROLL CALL VOTE
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COUNTY CLERK
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-C' AYES' NOES ADS EX
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, ARAKAKI X ,
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CllUNG " X ", \)
LElTBEAD-TODD x
RAY X
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REYNOLDS X "
SANTANGELO X
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SMITH X ,
TYLER ' C"" x
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YAGONG -c-
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I hereby certify that tbeforegoing RESOLUTIONwu by the '
vote iJidicated to the right hereof adopted by the COUNCIL ,of the
,County of Bawaii on July 1. 1998
ATTEST:
Referen~C-897. 02
cHAIRMAN" PRESIDINGOmCEll RESOLUTION NO. 289' ,98 (DRAFT ,2)