COM 0465.010 2006-2008 - Laserfiche WebLink

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August 1, 2007 The Honorable Pete Hoffmann and Council Members Page 2 Please know that the disapproval of Bill 112 is very difficult for several reasons. First, it is difficult because I fully support what this bill is trying to do. Second, this is a bill that was prepared and submitted by my administration. I accept the blame for this situation because of the neglect to ensure that certain necessary provisions were attached to the bill. The specific concerns that lead me to feel that this action is necessary are: • Bill 112 provides no process by which a developer or landowner can request full or partial relief from the housing requirement such as a reduction in the requirement, alternatives to the requirement or a waiver of the requirement. • Bill 112 does not take into consideration or provide a means to credit developers who have voluntarily provided affordable housing for the County of Hawaii. This specifically applies to projects that are developed in phases. • Bill 112 does not consider familial transfers of property. For example: o Parents own a parcel of land and want to subdivide to give each child a lot. If the lots in the subdivision aze smaller than five acres in size, the subdivision will be subject to the affordable housing requirement. o Pazents own a parcel of land and want to subdivide to give each of their children a lot, but in order to pay for the required subdivision improvements, they will need to sell some lots to pay for such improvements. If the lots in the subdivision are smaller than five acres in size, the subdivision will be subject to the affordable housing requirement. • There may be situations in which a developer has not yet received tentative approval (a case in which the affordable housing requirement would apply) but has vested property rights. This bill has no provision to address this. • There are ongoing developments that are under way at various stages and have abuild- out schedule of several years. There needs to be a fair way to address these developments to ensure that they remain viable as these large developments aze relied on to build infrastructure such as water, sewer systems, roadways and drainage systems for the benefit of the community at lazge. • It has always been the goal and policy of this administration to ensure that whenever any major policy changes are pursued, a forum of some sort is to be conducted to allow those who would be affected an opportunity to air their concerns. This was not done on this issue. If this veto is upheld, it is requested that members of the Council work with the Planning Department, Office of Housing and Community Development, and the community to craft a bill that will meet the concerns stated above, and help achieve the goal of a bill that would