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i ~4' ~y~. LAND USE RESEARCH FOUNDATION OF HAWAII 70o Bishop Street, Ste. rg28 Honolulu, Hawaii g68r3 Phone Szi-4yr7 r Fax 536-or3z August 21, 2007 The Honorable Pete Hoffman Council Chair & Presiding Officer and Members of the Hawaii County Council 333 Kilauea Avenue, 2nd Floor Council Room Hilo, Hawaii 96720 RE: Mayor's Veto Message Regarding Bill 156, Draft 6 (2004-2006) Relating to Affordable Housing Requirements for Industrial Park Developments Hawaii County Council Meeting, August 22, 2007 Dear Chair Hoffman and Council members, My name is David Arakawa, Executive Director of the Land Use Research Foundation of Hawaii ("LURE"), a private, non-profit research and trade association whose members include major Hawaii landowners, developers and a utility company. One of LURF's missions is to advocate for reasonable and rational land use planning, legislation and regulation affecting common problems in Hawaii. We appreciate the opportunity to provide our comments and express our position: • Oaaosing any motion to reconsider the Mayor Harry Kim's veto of Bill 156, Draft 6 ("Bill 156"); and • Opposing any further approval of Bill 156. I. INTRODUCTION A. Bill 156 which would to impose affordable housing requirements on industrial park developments, is unconstitutional and counter intuitive, thus the Council should not override the Mayor's veto. While LURE recognizes that affordable housing requirements may be justified in many different situations, in this particular case, LURE is opposed to the Hawaii County Council's ("Council") possible reconsideration of the Mayor's veto of Bill 156, based on the following: • The law requires that prior to enacting the affordable housing requirements proposed by Bill 156; such exactions must be justified