2020-06-18 Leeward Exh D (AMEND REZ 2004-024 & AMEND REZ 2004-025)

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CARR SMITH: Christian? VAN PERNIS: This is a legal question about the five acres of additional development. CARR SMITH: J? YOSHIMOTO: I would have to defer that to the Planning Department; I am not aware of or familiar with that particular condition. CARR SMITH: Michael, did I see your hand? Planning Directoroh, I'm sorry, I thought I did, you must have been scratching your head. Christian? KAY: Okay, if I can try to address that. The condition requiring a five-acre set aside for a school site was just a condition of approval for that ordinance. It's part of the, that five acres would have been part of the just under 15 acres of the project size. So this would be the appropriate venue to go through to, request to amend that condition, delete it or otherwise, without having to, you know, trigger it to go up to State Land Use Commission or anything else; it's just part of the under 15 acres that is under the purview of the Planning Commission and the County Council. If I understand your question correctly. VAN PERNIS: Thank you. I have a question of staff, which is you said that they are asking for the deletion of the affordable housing requirement, which is to construct the affordable housing, and - - - refer to a standard language on affordable housing. What standard language are you referring to? KAY: Generally that 20 percent of the units developed within any development would need to be affordable as designated by the Office of Housing and Community Development and HUD guidelines. So in this case, at the time they were granted the change of zone back in 2005, they represented that they would go above and beyond the normal requirement; they said where 20 percent of these units we will rent them at 80 percent or less than median income, which—and the remainder would be at 120 or lessI believe the standard requirement is - - -under at 120 or less. So I think in this case they are asking for all of the units that would be designated as affordable units to be under at 120 or less. That's how we - - - I guess maybe the applicant can address that at the time. But they are asking for relief of a condition that was placed on that based on their representations back then. VAN PERNIS: My understanding is they are seeking to not build affordable housing or rent affordable housing but to allow some undesignated property be submitted in lieu of affordable housing so that the property could theoretically be used by the County, if the County had any money to build affordable housing. Is that not your understanding? KAY: So I think at the time—and Sid even said this at the last hearing, reading through the transcript—at the time the County Council really wanted to see actual affordable housing developed and not use in-lieu credits, which is also a possibility that's kind of standard language in our, in our housing conditions of rezones. In fact, for Puaa, the village, pardon me, the neighborhood commercial, there is a condition that states housing shall be a part of this project, and then it goes on to link the development, or the ability to obtain a certificate of occupancy for any commercial to the 12 EXHIBIT D