HomeMy WebLinkAboutCOM 0072.009 2004-2006 RECEIV
Ronald A. Brown pay. i
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P.O. Box 2940 Count' Council
Kailua-Kona, Hawaii 96745
Fax : (808) 325-5443 Phone : (808)325-5442
January 28, 2005
MEMORANDUM
TO: Gary S. Safarik, Chairman, and Members of the Hawaii County Council
FROM: Ronald A. Brown
SUBJECT: Bi11 25, Affordable Housing Policy
I have briefly reviewed Dr. Holschuh's January 21, 2005 memorandum, Comm. No.
72.4.
It is not at all clear from the memo, without additional research, that the Napa case is
relevant to the Chapter 11 revision currently under consideration. Napa apparently is
concerned with a zoning ordinance. Chapter 11 is not a zoning ordinance. Our zoning
ordinance, of course, is Chapter 25.
Chapter 11 is associated with a giving, not a "takin~~'. There is no constitutional right
to have one's property rezoned, triggering Chapter 1 l .
Every development following a rezoning will have an afordable housing agreement,
the terms of which the developer is free to negotiate before fina] reading and the
Mayor's signature on the gift.
Chapter 11 is not the appropriate place to provide for an appeal of the Council and
Mayor's lawmaking roles.
A developer who cannot live with the final set of strings attached to his gift can decline
it, by withdrawing his application prior to second reading. The Board of Appeals has
no role in the matter.
As with the "taking" issue, the "nexus" issue appears relevant only to government-
initiated, not owner-initiated, zoning.
Dr. Holschuh can be excused if he is not a legal expert; the other concerns in his memo
show that he is a dedicated public servant who is genuinely concerned about affordable
housing, and that Chapter 11 is but one component of the solution.
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