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HomeMy WebLinkAboutResolution No. 2017-12COUNTY COUNCIL COUNTY OF KAUA`1 �C�OCUtIOtC 6. 2017-12 RESOLUTION AMENDING RESOLUTION NO. 2016 -53, APPROVING THE LIMA OLA WORKFORCE HOUSING PROJECT PURSUANT TO SECTION 201H -38, HAWAPI REVISED STATUTES BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUAI, STATE OF HAWAII, THAT: SECTION 1. Resolution No. 2016 -53, is hereby amended in its entirety to read as follows: "WHEREAS, the Kauai County Housing Agency ( "Housing Agency ") proposes the development of the Lima Ola Workforce Housing Project ( "Project ") and related improvements on approximately seventy -five (75) acres of County -owned land in `Ele`ele, Kauai, Hawaii, identified as Tax Map Key [(4) 2 -1- 001:027] (4) 2 -1- 001:054; and WHEREAS, the proposed project will provide up to five hundred fifty (550) affordable housing units for Kauai residents, providing single - family and multi - family units that are affordable to households earning from eighty percent (80 %) and below to one hundred forty percent (140 %) of the Kauai median household income; and WHEREAS, the Project is being developed in four phases to provide needed affordable housing to meet the current and projected future demand for affordable housing supply; and WHEREAS, on August 5, 2016, the Housing Agency submitted the 201H Exemption Application ( "Application ") for the Project to the Kauai County Council ( "Council') requesting approval of the Project exemptions pursuant to Section 201H -38, Hawaii Revised Statutes ( "HRS "); and WHEREAS, Section 201H -38, HRS, provides for the development of affordable housing, where housing projects may 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 that the project meets minimum requirements for health and safety; and WHEREAS, pursuant to Section 201H -38, HRS, the Council shall approve, approve with modification, or disapprove the Project exemptions by resolution within forty -five (45) calendar days after the Housing Agency has submitted the Application to the Council, which submittal occurred on August 5, 2016; and WHEREAS, pursuant to Section 4.02 of the Charter of the County of Kauai, the Council is authorized to act by resolution; now, therefore, 1 BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUAI, STATE OF HAWAII, THAT: 1. Based upon the transmittals and the representations of the Housing Agency, the Council approves the Project exemptions as submitted to the Council on August 5, 2016, pursuant to Section 201H -38, HRS, provided that the Housing Agency shall comply to all statutes, ordinances, charter provisions, and rules of government agencies relating to planning, zoning, construction standards, for subdivisions, development and improvement of land, and the construction of units thereon, except for the requested Project exemptions specified in Exhibit "1," which is attached hereto and made a part hereof, and 2. The General Plan amendment, Preliminary Zoning Map, and Preliminary Subdivision Map for the Project shall be deemed approved by the Council if the final zoning and the final subdivision plans do not substantially deviate, as determined by the Housing Director, from the Preliminary Zoning Map and the Preliminary Subdivision Map submitted to the Council. Any substantial deviation from the Preliminary Zoning Map or the Preliminary Subdivision Map shall be submitted to the Council for prior approval. The Preliminary Zoning Map and the Preliminary Subdivision Map submitted in the Application shall constitute the zoning and subdivision plan for the Project. BE IT FINALLY RESOLVED, that certified copies of this Resolution be transmitted to the County Engineer, the Planning Director, and the Housing Director." SECTION 2. Material to be deleted is bracketed. New material is underscored. Exhibit "1" is incorporated herein by reference. SECTION 3. This Resolution shall take effect upon its approval. SECTION 4. Certified copies of this Resolution shall be transmitted to the County Engineer, the Planning Director, and the Housing Director. 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