COM 0200.051 2006-2008 - Laserfiche WebLink

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by detailed and unbiased analysis, studies or reports. The Council and the County of Hawaii ("County") have not completed the required analysis of the locality's needs, and have not completed the required thorough, detailed and unbiased studies or report of the workforce jobs required and generated by the new, or an addition, or reconstruction to existing industrial park developments and confirmation that those prospective industrial workers are in need of housing and would financially qualify for such housing. We respectfully recommend that the Council follow the legal advice of the Corporation Counsel regarding the legality of this bill; • Based on rulings by the U.S. Supreme Court, it is unconstitutional for the Council to impose affordable housing requirements on industrial park developments to build or contribute to affordable housing, unless the Council and the County can first demonstrate, based on thorough and detailed studies and reports, a clear rational nexus and proportional nexus between such industrial park developments and the imposition of affordable housing requirements. We respectfully recommend that the Council follow the legal advice of the Corporation Counsel regarding the legality of this bill; • Earlier this month, based on legal advice from the County of Hawai'i's Corporation Counsel, Mayor Kim vetoed Bill 156, which would have imposed affordable housing requirements on industrial park developments; • Bill 156 is counter intuitive and would likely discourage investments in new, additional, or reconstruction to existing industrial park developments, and is likely to result in very little job creation and minimal affordable housing; and • Instead of imposing affordable housing requirements, the Council and County should encourage the creation of government incentives for developers and land owners to develop more affordable housing. II. BACKGROUND A. Bill 156. Draft 6. This bill would amend Chapter 11 (Housing), Article 1, Section 11-4(d), of the Hawaii County Code 1983 (2205 Edition), to include Affordable Housing Requirements for Industrial Park Developments, by requiring industrial park developments, consisting of multiple individual enterprises which cumulatively generate over 100 employees on a full-time equivalent basis, whether new, or an addition or reconstruction to existing facilities, and including one or more businesses at the same or adjacent sites, to earn one affordable housing credit for every four fulltime equivalent jobs created; and rezonings to ML, MG, or MCX, approved after the effective date of this ordinance with a potential to generate more than one hundred employees on a full-time basis must earn one affordable housing credit for every four full-time equivalent jobs created.