HomeMy WebLinkAboutCOM 0572.002 2006-2008 Emily L Naeole ~r:`;';•'•w~y
Council Member '
Mailing Address: Business Address:
(Former County Bui[din~ O1 333 KI[auea Avenue, Second Floor
25 Aupuni Street Ben Franklin Building
Hila, Hawaii 96720 Hilo, Hawaii 96720
Hawai `i County Council
County of Hawai `i ~
Telephone: (808) 961-8267 Facsimile: (808) 96/-8912 ~
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DATE: November 28, 2007 % ~
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TO: Pete Hoffmann, Council Chair ~-1~ 3 i-
And Council Members ' :1;= ca
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FROM: Emily Naeole
Council Member
RE: Bill 140, Draft 2 (An Ordinance Amending Article 1, Chapter 11 of the
Hawaii County Code 1983 (2005 Edition, as amended), Relating to
Affordable Housing)
Attached is Bill 140, Draft 2, as approved by the Planning Committee on October 2,
2007. Bill 140 was filed, but only after it was amended to Draft 2, necessitating this
transmittal. The proposed amendments in Draft 2 strike through suggested language
referring to an amendment to Chapter I 1 that was ultimately vetoed and re-letters
suggested subsection (f) to subsection (e).
The changes to the purpose and findings section, presently found in Bill 140, are
ramseyered and shown in bold font as follows:
"SECTION 1. Purpose and findings. The purpose of this bill is to provide
that transfers of property to family members, for non-commercial purposes,
should not be included in calculating whether a subdivision triggers an
affordable housing requirement. [
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Comm. No. S7~ . 2
Ref. To:~resen
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~~OJ ~'a> Ref. Date OCT 2 2Q07
Hawaii County is an Equal Opportunity Provider and Employer
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The council finds that the non-commercial, family-relationship aspect of
such transfers differentiates them from the typical subdivision for
commercial real estate purposes.
This bill provides that a subdivider may apply to the housing agency to have
lots that are transferred to family members excluded from the number of lots
that could count toward the triggering of an affordable housing requirement.
To prevent this provision from becoming a loophole where individuals
engaging in real estate transactions avoid affordable housing requirements by
transferring lots to related individuals, the bill provides that a transfer to an
individual can be excluded from the affordable housing requirement only once
in that individual's lifetime."
A copy of the bill that incorporates the proposed amendments is attached. In this
attachment, the changes proposed by this bill to the present language of section 11-4 of
the County Code are ramseyered.
EIN/tce
Encl.
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