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COUNTY OF HAWAI' I STATE OF HAWAI' I RESOLUTION NO. 405 10 (DRAFT 3) RESOLUTION AUTHORIZING THE EXEMPTION OF CERTAIN HAWAII COUNTY CODE REQUIREMENTS, PURSUANT TO SECTION 201H -38 AND 201H -44 OF THE HAWAII REVISED STATUTES FOR THE PROPOSED KAMAKANA VILLAGES AT KEAHUOLU MASTER - PLANNED MIXED -USE AFFORDABLE HOUSING PROJECT. WHEREAS, the Forest City Hawai' i Kona, LLC ( "Forest City "), in collaboration with the Hawaii Housing Finance and Development Corporation, a public body and body corporate and politic of the State of Hawaii ( "HHFDC "), has been working to develop a master - planned mixed - use affordable housing project, to be known as Kamakana Villages at Keahuolu ( "Kamakana Villages ") on approximately 272.063 acres of land at Keahuolu, North Kona, Hawai'i, identified by TMK Nos: (3) 7 -4 -021: 020, 024, 025, 026, 027; and WHEREAS, the Office of Housing and Community Development ( "OHCD ") has been working in consultation with Forest City and HHFDC to develop Kamakana Villages; and WHEREAS, the County, Forest City and HHFDC mutually support development of a master - planned mixed use affordable housing project with a maximum of 2,330 residential units, of which fifty percent (50 %) of the total residential units developed, plus one (1) residential unit, shall be affordable housing units, meaning units that are offered for rent or sale to qualified residents whose incomes do not exceed one hundred forty percent (140 %) of the median family income in the County of Hawaii; and WHEREAS, the OHCD has determined that (1) Forest City is an acceptable and eligible developer in satisfaction of the requirements of Chapter 201H of the Hawaii Revised Statutes; and (2) the Keahuolu, North Kona area is a good and proper choice for housing development and construction; and WHEREAS, OHCD has provided a certification to the State Land Use Commission that Kamakana Villages constitutes a 201H -38, Hawai'i Revised Statutes ( "HRS "), housing project; and WHEREAS, Forest City and HHFDC have entered into a development agreement governing the development of Kamakana Villages; and WHEREAS, Forest City may be applying for the use of State and Federal low income housing tax credits program funds; and WHEREAS, Sections 201H -38 and 201H -44, HRS, allow affordable housing projects, including commercial and industrial properties developed in connection with dwelling units, to be exempt from all statutes, ordinances, charter provisions and rules of any government agency relating to planning, zoning, construction standards for subdivisions, development and improvement of land, and the construction of dwelling units thereon, provided the County Council approves the project; and