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Home My WebLink About201E RES 023-93 Draft 1 Waimea ElderlyCOUNTY OF HAWAII STATE OF HAWAII RESOLUTION N0. 23 93 RESOLUTION OF THE COUNTY COUNCIL OF THE COUNTY OF HAWAII AUTHORIZING THE EXEMPTION OF THE PROPOSED WAIMEA ELDERLY HOUSING PROJECT FROM CERTAIN STATUTES, ORDINANCES, CHARTER PROVISIONS AND RULES, PURSUANT TO CHAPTERS 201E-201 AND 201E-210 OF THE HAWAII REVISED .STATUTES. WHEREAS, the Office of Housing and Community Development OHCD) is empowered to develop dwelling units for persons of low and moderate income; and WHEREAS, the Big Island Housing Foundation (BIHF) and the OHCD have proposed a 40-unit elderly housing apartment complex to be constructed along Kamamalu Street, Waimea, South Kohala, Hawaii; and WHEREAS, on June 26, 1991, the Hawaii County Housing Agency approved the planning and construction of the proposed Waimea Elderly Housing Project (hereinafter "Project"); and WHEREAS, on July 3, 1991, the County Council approved the use of $252,000 Community Development Block Grant funds for the planning of the Project; and' WHEREAS, on March 13, 1992, the BIHF received notification from the Department of Housing and Urban Development (HUD) that their application was approved for $4,093,000 for the construction of the Project; and WHEREAS, the legal description submitted for said Project is attached hereto as "Exhibit A"; and WHEREAS, preliminary subdivision plans and specifications submitted for said Project are attached hereto as "Exhibit B"; and WHEREAS, the proposed items to be preempted are attached hereto as "Exhibit C"; and WHEREAS, Chapter 201E-210, Hawaii Revised Statutes (HRS), allows certain residential housing projects to be exempt from certain statutes, ordinances, charter provisions and rules, provided that the County Council approves the Project; and WHEREAS, the Project will promote the goals contained in Chapters 201E and 46-15.1, HRS, and in Chapter 2, Article 13, of the Hawaii County Code. NOW, THEREFORE, BE IT RESOLVED BY THE HAWAII COUNTY COUNCIL, OF THE COUNTY OF HAWAII that the Project is hereby approved according to the preliminary plans and specifications attached hereto as "Exhibit A" and "Exhibit $". BE IT FURTHER RESOLVED, that pursuant to Chapter 201E-210, Hawaii Revised Statutes, the items requested for preemption, as attached as "Exhibit C", are hereby approved. BE IT FURTHER RESOLVED, that upon compliance with Chapter 23, Article 6, Division 1, Section 23-81, of the Hawaii County Code and/or code requirements preempted, pursuant to provisions of Chapter 201E-210, Hawaii Revised Statutes, the preliminary subdivision plans for the Waimea Elderly Housing Project shall be granted final subdivision approval. BE IT FURTHER RESOLVED, that, as permitted by Chapter 201E- 210(a), Hawaii Revised Statutes, the Planning Director shall accept a letter from the Office of Housing and Community Development guaranteeing completion of the necessary improvements in lieu of the bond, as required in Chapter 23, Article 6, Division 1, Section 23-83, of the Hawaii County Code. BE IT FURTHER RESOLVED, that, pursuant to Chapter 201E-210 a)(3)(C), Hawaii Revised Statutes, the Housing Administrator of the Office of Housing and Community Development shall be the responsible County official who will certify maps and plans of land connected with the Waimea Elderly Housing Project as having complied with applicable laws and ordinances relating to the subdivision of lands. BE IT FURTHER RESOLVED, that copies of this Resolution be sent to the Administrator of the Office of Housing and Community Development and the Planning Director of the County of Hawaii. 1993. Dated at Hilo, Hawaii, this 10th February INTR~UC~D day of COUNCIL MEMBER, COUNTY OF HAWAII COUNTY COUNCII. ROLL CALL VOTE County of Hawaii Hilo. Hawaii I hereby certify flat the foregoing RESOLUTION wu by the vote indicated to the right ! adogted~~ ths1C~[~NCIL of the County of Hawaii on a rug y , ATTEST. I~COUN'i~G~LERK CHAIRMAN & PRESIDING OFFICER AYES NOES ABS EX X Ag X CHILDS DE LIMA X DaKIIVOD X wnr.F X BATH X FiOSfIiILL X SCfifTl'PE X 1GL ~- 1 G 7 fiF~LLTPICN NO. ~ 8~ PARCEL A BEING PORTIONS Oi GRANT 4955 TO J. !. BAKER AND GRANT 5973 TO CHARLES BAKER PUUKAPU, SOUTH KOHALA, ISLAND OF HAWAII, HAWAII Beginning at the northeast corner of this parcel of land, also belnq the northwest corner of Parcel B on the southeast sids of Executive Order No. 2632 (Waimea Civic Center), the coordinates of said point of beginning referred to Government Survey Triangulation Station 'WEST BASE' being 1,410.18 feet soutA and 629.51 feet east and running Dy azimuths measured clockwise fro^ true south, 1. Following along Parcel B on a curve to the right with a radius of 620.00 feet, the chord azimuth and dlstanee being, 5•17' 46.5'537.81 feet; 2. 31•00'12.40 feet along Parcel B; 3. 74•51'319.25 feet; 4. 149•07'353.38 feet along the remainder of Grant 4955 to J.T. Baker; 5. 239• 07' 635.70 feet along Executive Order No. 2632 Waimea Civic Center) to the point of Deqinninq and containing an area of 5.000 ACRES. TAZ HAP KEY, 3AD DIV. 6-7-02,PORTZO>i 17 EXHIBIT A f,J ~~ :r. I fii8 ,,.R a M... 1 I .... , .. '.~ ~. ,..~ 7 7!9'0" f7f OS u _ •~ye ~' 1~~ f1D 7C ~ .,e ,~ f i ~O 11 7 0 ~»~~ c ~ c •a xsr~ II~ ~ ~ I ~ ~ •Ir ~ ~ ~ P ~ p e ~ •~ PARCEL A - "~= M r 5 000 ACRES ~ ~ 9~ ,+ ~ ~v: rv a I ~ a ~. k PARCEL B~ ~ o ~.., 1.625 ACRES ~ t ~ ~~ 4 - } s n. ~_ .:. nR , S ~ .... !1: ~.: t 4' C: K ;a ~ ~1111.... ~~ - 1 ~ ~ Y i c 3 e - - ~ i REN.U~I"+G AREA 2aC B19 ACNE} ~~ ~ '. I e 7 it / M ~!/ SL'BD1V1S10N OF PORTIONS OF (~ ~7.~rESS~wn ~ GR=,,:T ~~=, `, TO J. T. F~-~E°. 1.1 ~, ~° AND GRANT 5973 TO CHARLES BAKER ',7~~~~INTO PARCEL A AND PARCEL B PI; l:K4Pl, S KOHALA. ISLAND OF HaN'AII, H.AN'All TA[ MEP KCl' JrA Df\' 8-7-02.POR 17 tf.6 Done "''~ o~Ne6 /r c~.oc sv+w• 7a;,s7 HILO E?~GINEERING. INC. c'o osotrc gavCw OBI Xeb..(» ![. XL. Xe..~:: 96720 y7E,; a0a[w3Ee +9. 1992 0. BCa ~S! RavuE:A M<N'UI 96:a! a r ti. exHiaLT e A) Exemption from Ordinance preempt the Parker Ranch the project parcel. No. 92-65. The request is to 2020 Plan rezoning ordinance for B) Exemption from the procedural of the Hawaii County Code for requested. The request is to applications to the Planning and recommendations from the approval by Ordinance of the existing land use and zoning of the approximately 5 acres Present Zoning: Requested Designation requirements of Chapter 25-20 zoning amendments is being preempt the requirement for Department, public hearings, Planning Commission and final County Council. Changes to the designations for the creation is being requested as follows: County - A-40a County - RM 2 C) Exemption from Chapter 23, Article 6, Division 1, Section 23-81, 82, and 83 (Hawaii County Code); Final approval f r construction completed, bond required: Agreement to rovi a improvement and utilities: B n . Code Requirement: Requirement that completion of improvements or entering into an agreement, secured by a bond, to make, install and complete all required improvements prior to final subdivision approval. Preemption: a) To allow final subdivision approval upon County approved projects prior to completion of construction. b) The Planning Director shall accept a letter from the Office of Housing and Community Development guaranteeing the completion of the necessary improvements in lieu of the bond requirements. EXHIBIT C