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N.I�i, COUNTY OF HAWAII : 44 -- /:• STATE OF HAWAI I RESOLUTION NO. 64 13 RESOLUTION AUTHORIZING THE EXEMPTION OF CERTAIN CODE REQUIREMENTS,PURSUANT TO SECTION 20111-38 AND SECTION 46-15 OF THE HAWAI'I REVISED STATUTES FOR THE HOUSING UNITS TO BE CONSTRUCTED BY KIDDS DEVELOPMENT CORPORATION AT KUMULANI GARDENS, SOUTH HILO, HAWAII COVERED BY TAX MAP KEY 2-5-006:061. WHEREAS,on September 21, 1981, Change of Zone Ordinance 716 became effective, changing the district classification from single-family residential (RS-15) to single family residential (RS-10) on the parcel covered by Tax Map Key 2-5-006:061; and WHEREAS,the development of the original project stalled due to a lack of sufficient water which resulted in the developer being unable to meet the deadlines specified within Change of Zone Ordinance 716; and WHEREAS, KIDDS DEVELOPMENT CORPORATION is now the current owner and developer of the 25-acre parcel and has secured sufficient water commitments for the project to move forward for the construction of eighty-three (83)housing units on 10,000 square foot single-family lots. Forty-three (43) of the housing units, equaling fifty-two percent of the total project, will be affordable in accordance with Section 201H of the HAWAII REVISED STATUTES (HRS); and WHEREAS, KIDDS DEVELOPMENT CORPORATION entered into an agreement with the County, dated December 20, 2011, to make Kumulani Gardens an affordable housing project and satisfy the affordable housing requirements of both Kumulani Gardens and Hilo Hillside Development, a development within 15-miles of Kumulani Gardens; and WHEREAS, KIDDS DEVELOPMENT CORPORATION will satisfy the affordable housing requirements of Kumulani Gardens and Hilo Hillside by providing (43) affordable homes, with ten (10) homes affordable to families earning less than eighty percent of median income, eleven (11) homes affordable to families earning below one-hundred percent of median income, and twenty-two (22) homes to be affordable to families earning less than one-hundred and forty percent of median income; and WHEREAS, HRS Section 20111-38, in conjunction with HRS 46-15.1, allows the County, with approval of the County Council, to exempt low-income housing projects from certain code requirements to facilitate the development of the project; and WHEREAS, KIDDS DEVELOPMENT CORPORATION has requested that the County exempt the property from certain code requirements to help reduce the cost of producing the affordable housing; and