HomeMy WebLinkAboutHRS 46-15 RES 416-07 Kamakoa NuiMS~,OFH
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ATE OF HAWAII
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RESOLUTION NO. 416 0'7
RESOLUTION AUTHORIZING THS EXEMPTION OF CERTAIN ZONING CODE
REQUIREMENTS FOR THE WAIROLOA EMPLOYEE HOUSING PROJECT PURSUANT
TO CHAPTER 46-15 OF THE HAWAII REVISED STATUTES
WHEREAS, on September 7, 2006, the Hawaii County Council
adopted Resolution No. 439-06 which designated the Waikoloa
Workforce Housing Project WWHP) as an Experimental and
Demonstration Housing Project" as provided by Section 46-15,
Hawaii Revised Statutes HRS); and
WHEREAS, since the approval of Resolution No. 439-06, the
Office of Housing and Community Development and UniDev Hawaii,
LLC, has determined that it is necessary to revise a few of the
previously approved exemptions and to add some exemptions; and
WHEREAS, as the project progresses it may be necessary to
further amend the list of exemptions for future phases; and
WHEREAS, the Office of Housing and Community Development
wishes to amend Resolution No. 439-06.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
OF HAWAII, that the project site, identified on a map attached
hereto as Exhibit A", shall be exempt from certain laws, code
requirements and standards, as established by the Department of
Public Works and the Planning Department as identified in
Exhibits B" and C"; and
BE IT FURTHER RESOLVED, that the Mayor is authorized to
designate the Housing Administrator of the County of Hawaii to
serve as the designated County Official to administer the
Experimental and Demonstration Housing Project" as provided by
Section 46-15, HRS.
BE IT FURTHER RESOLVED, that copies of this Resolution be
sent to the Office of Housing and Community Development,
Department of Public Works, Planning Department and the Hawaii
Island Housing Trust.
BE IT FURTHER RESOLVED, that this resolution shall take
effect immediately.
Dated at Kona Hawaii, this 20th day of November
2007.
INTRODUCED BY:
COUNCIL EMBER,L~TY OF HAWAI'
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai i
Hi]o, Hawai i AYES NOES ABS EX
FORD X
I hereby certify that the foregoing RESOLUTION was by the HIGH X
vote indicated to the right hereof adopted by the COUNCIL HOFFMANN X
of the County ofHawai'ion November 20. 2007 IKEDA X
ATTEST:
IACDBSDx g
NAEOLE X
PILAGO X
YAGONG g
YOSHIMOTO X
S 0 1 0
n eference C-798/CHA - 11/6/07
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KAMAKOA
Waikoloa Employee Housing Project)
List of Preemptions from the Hawaii County Cade (HCC) and
Hawaii Revised Statutes (HRS)
1.0 Site Plan
1.1 Article 3, Division 2, Section 23-29 (c) (Hawaii County Code). Block sizes.
Waiving the recommended minimum distance between intersections on arterial
streets.
The minimum distance between intersections on arterial streets will be less than
the recommended eighteen hundred feet to accommodate the two main Project
intersections with the planned extension ofPazriolo Avenue (designated as a
secondary arterial street on the County General Plan.) Intersection locations aze
reflected on construction plans for the extension of Paniolo Avenue being
prepazed by Waikoloa Heights, developers of the adjoining subdivision, which
will be reviewed and approved by the Director of Public Works.
1.2 Article 3, Division 3, Section 23-32 (Hawaii County Code). Lot size, shape,
and setback line.
Waiving the requirement of Section 23-32 that the lot size, width, shape, and
orientation and minimum building setback lines be in conformance with the
provisions of Chapter 25, Zoning Code.
Lot sizes, shapes, setbacks will vary from that specified within the
County Code to accommodate a mix of product type, increase the
efficiency ofthe land use, and thus yield a more compact and
pedestrian oriented development. The widths, shape and setback
lines for such lots will conform to specific standazds approved by
the County Council for the Waikoloa Employee Housing Project
Project), as detailed below.
10/29/07 Exhibit "C"
1.3 Article 3, Division 3, Section 23-33 (Hawaii County Code). Minimum Lot
Sizes
Waiving the requirement of Section 23-33 (a) that the minimum sizes of various
types of lots shall be in conformance with the provisions of Chapter 25, Zoning
Code.
The minimum lot size for the Waikoloa Employee Housing project will be
twenty-five hundred (2,500) squaze feet, except for Town Home lots indicated in
Exhibit "A-1", which shall have a minimum lot size of fifteen hundred (1,500)
square feet.
1.4 Article 2, Division 6, Section 25-2-61 (a) (Hawaii County Code).
Applicability; use permit required.
Waiving the provisions within Section 25-2-61 (a) requiring a use permit for
meeting facilities, day care facilities, and schools.
Meeting facilities, a day care facility, and a public elementary school aze uses
specifically proposed for the Project as detailed below with regards to Section 25-
5-3, Permitted Uses, (Item 1.9) and, therefore, use permits aze not required for
such uses.
1.5 Article 3, Section 25-3-5 (Hawaii County Code), Application of district
regulations.
Waiving the requirement of Section 25-3-5 that any building, structure, or land
use shall comply with all of the regulations specified in this chapter for the district
in which it is located.
The building, structure, and land use will be in accordance with the specific
regulations for the existing Residential Single-Family (RS-10) District approved
by the County Council for the Project, as detailed below pertaining to Sections
25-5-2 through Section 2-5-8 (Items 1.8 to 1.14).
1.6 Article 4, Division 1, Section 25-4-8. (Hawaii County Code). Temporary real
estate offices and model homes.
Waiving the requirements of Sections 25-4-8 (b) (2), (4), and (6) that state:
2) The temporary real estate office and/or model home shall not be used for a
period longer than twenty-four months from the date of plan approval by the
director; provided that extensions may be granted by the director. "
2
4) The temporary real estate office an/or model home shall be used exclusively
for marketing of lots and/or units located within the development in which it is to
be located. In multi-phased developments, a temporary real estate office or model
home maybe allowed for each development phase for a period not to exceed
twenty-four months. Time extensions may be granted by the director. "
6) The temporary real estate office and/or model home shall comply with the
minimum set-back and height requirements of the particular zoning district. "
In that units and homes, if sold by the first and subsequent owners, are to be sold
back to the property leaseholder and developer, Waikoloa Workforce Housing,
LLC; marketing and sales of homes within the Waikoloa Employee Housing
Project will be an ongoing activity of the Project. Therefore, real estate offices
and/or model homes shall be a permitted use in the Waikoloa Employee Housing
Project, as specified below pertaining to Section 25-5-3 (Item 1.9) and there shall
be no time limit as to their use. Furthermore, the maximum height limit and
minimum yard requirements for a real estate office and/or model home shall be as
specified below pertaining to Sections 25-5-4 and 25-5-7 (Items 1.10 and 1.13,
respectively).
1.7 Article 4, Division 4, Section 25-4-42 Corner Building Sites
Waiving the requirements of Section 25-4-42 that states:
a) On any comer building site, the interior lines shall be side lot lines and all reaz
yard regulations shall be inapplicable.
b) On any corner building site in all zoning districts except in the CN district,
within the azea of a triangle formed by the street lines and such building site
ignoring any comer radius), and a line drawn between points on such street
lines twenty-five feet from the intersection thereof, no fence, wall, hedge, or
building shall be higher than three feet nor shall there be any obstruction to
vision other than a post, column, tree trunk clear of branches or foliage,
between the height of three feet and eight feet above the level of the street or
the level of the point of intersection if the streets aze sloping."
PROPOSED STANDARD
For all comer building sites within the Project, there shall be one front and one
side yard facing the intersecting streets and interior lot lines shall be considered
side yards. All rear yard regulations shall inapplicable.
Additionally, for all corner building sites within the Project, the area of a triangle
formed by the street lines and such comer building site (ignoring any corner
radius), and a line drawn between points on such street lines fifteen (15) feet from
the intersection thereof, no fence, wall, hedge, or building shall be higher than
3
three feet; nor shall be any obstruction to vision other than a post, column, tree
trunk clear of branches or foliage, between the height of three feet and eight feet
above the level of the street or the level of the point of intersection if the streets
are sloping. For the purpose of traffic safety, all intersections will meet or exceed
the American Association of State Highway and Transportation Officials
AASHTO) standards for intersection sight distances, as set forth AASHTO
Policy of Geometric Design ofHighways and Streets and as verified by the
project engineer registered with the State of Hawaii.
1.8 Chapter 22, Article 2, Section 22-2.2 (Hawaii County Code). Intersection
sight distance.
Waiving the requirements of Section 22-2.2 that establishes a setback from
intersections of County streets.
PROPOSED STANDARD
To preserve adequately vehicular sight distances at intersections of two or more
County streets, no object with a height between three (3) feet and eight (8) shall
be allowed within the area defined by the chord of an azc having a radius of
fifteen (15) feet from the intersection of property lines or their extensions that
form the intersection. All intersections will meet or exceed the American
Association of State Highway and Transportation Officials (AASHTO) standazds
for intersection sight distances, as set forth AASHTO Policy of Geometric Design
ofHighways and Streets and as verified by the project engineer registered with
the State ofHawai'i.
1.9 Article 5, Division 1, Section 25-5-3 (Hawaii County Code). Permitted uses.
Waiving the requirements of Section 25-5-3 (a). The permitted uses within the
Waikoloa Employee Housing Project shall be as follows:
1. Adult day caze homes
2. Churches, temples and synagogues
3. Commercial or personal service uses on a small scale
4. Community buildings
5. Community pazks, playgrounds, tennis courts, swimming pools, or similaz
community neighborhood recreational azeas and uses
6. Convenience stores
7. Day caze centers
8. Dwellings, double-family or duplex
9. Dwellings, multiple-family
10. Dwellings, single-family
11. Family child care homes
12. Home occupations
4
13. Medical clinics
14. Meeting facilities
15. Model homes
16. Public uses and structures
17. Restaurants
18. Schools
19. Temporary real estate offices
20. Utility substations
21. Mixed use residential
1.10 Article 5, Division 1, Section 25-5-4 (Hawaii County Code). Height Limit.
Waiving the requirements of Section 25-5-4.
The height limit within the Waikoloa Employee Housing Project shall be forty-
five (45) feet. Additionally, the Planning Director may permit by plan approval
any non-residential structure to be constructed to a height above forty-five feet if
the director determines that additional height above the forty-five foot limit is
necessary.
1.11 Article 5, Division i, Section 25-5-5 (Hawaii County Code). Minimum
building area.
Waiving the requirements of Section 25-5-5 pertaining to minimum building site
area.
The minimum building site azea in the Waikoloa Employee Housing Project shall
be fifteen hundred (1,500) for town home units, and twenty thousand five hundred
2,500) squaze feet for all other uses.
1.12 Article 5, Division i, Section 25-5-6 (Hawaii County Code). Minimum
building site average width.
Waiving the requirements of Section 25-5-6 pertaining to minimum building site
average width.
The minimum building site average width within the Waikoloa Employee
Housing Project shall be twenty (20) feet for town home units, thirty (30) feet for
duplex units, and fifty (50) feet for all other uses.
5
1.13 Article 5, Division 1, Section 25-5-7 (Hawaii County Code). Minimum yards.
Waiving the requirements of Section 25-5-7 pertaining to minimum yards.
The minimum yards in the Waikoloa Employee Housing Project shall be eight (8)
feet for front and rear yards and five (5) feet for side yards, except for town home
units, which shall have no side yard requirements.
1.14 Article 5, Division 1, Section 25-5-8 (Hawaii County Code). Other
regulations.
Waiving the requirements of Section 25-5-8. Other regulations for the Waikoloa
Employee Housing Project shall be as follows:
a) There may be more than one main building on any building site.
b) The distance between the main buildings on the same building site shall be at
least fifteen (15) feet
c) One guest house, in addition to asingle-family dwelling, maybe located on
any building site.
d) Exceptions to the standards regarding heights, building site areas, building site
average widths, and yards maybe approved by the Planning Director with
Plan Approval.
2.0 Subdivision
2.1 Article 3, Division 1, Section 23-22 (Hawaii County Code). Compliance with
design standards required.
Waiving the requirements that each subdivision and the plat thereof conform to
the standazds set forth in this article (Article 3. Design Standards).
The subdivision will vary from the design standazds pertaining to pazk area
dedication, block sizes, pedestrian ways, lot size, shape and setbacks, and street
design; and waivers from these sections ofthe Subdivision Code are sought, as
detailed below. The design and construction of the subdivision will conform to
project construction plans approved by the appropriate County departments.
6
2.2 Article 3, Division 3, Section 23-34. Access to lot from street.
Waiving the requirements of Section 23-34 for town home units. Section 23-34
requires that each subdivided shall abut upon a public or approved private street.
Town home units within the Waikoloa Employee Housing project shall access
onto a public street, via an easement over a private drive maintained by the
Project.
2.3 Article 3, Division 3, Section 23-35. Lot side lines.
Waiving the requirements of Section 23-35 that states that the side lines of a lot
shall run a tight angles to the street upon which the lot faces.
While lot lines within the Project shall generally run perpendiculaz to the street
that the lot abuts, there will variation to the angle of the lot line to the street to
accommodate irregular shaped lots and to maximize the lot layout in relation to
the site topography.
2.4 Article 4, Division 1, Section 23-60. Application fees for subdivision plans.
Waiving the requirements of Section 23-60 for payment of filing fees for Project
subdivisions.
In the interest of minimizing the cost to the developer, Waikoloa Workforce
Housing, in providing affordable housing, filing fees for Project subdivision
applications will not be required for the Project.
2.5 Article 5, Section 23-76. No conveyance of land prior to approval for
recordation.
Waiving the requirements of Section 23-76 that states that "(l)and shall not be
offered for sale, lease or rent in any subdivision, nor shall options or agreements
for the purchase, sale leasing or rental of the land be made until approval for
recordation of the final plat is granted by the director. "
In order to assure the greatest exposure possible to the intended workforce mazket,
the developer, Waikoloa Workforce Housing, LLC, (WWH) intends to utilize many
forms of advertisement, including, but not limited to, the use of the intemet,
publications, mailings, public announcements, or publicizing through other agencies
and organizations with common goals; any one ofwhich could be construed as an
offering for sale, lease or rent. A waiver from the requirements of Chapter Section
23-76 is needed to provide WWH with greater latitude to more immediately market
7
and test consumer interest in the proposed leasehold product prior to receipt of final
subdivision approval.
2.6 Article 6, Division 1, Sections 23-81, 82 and 83 (Requirements for Bonding)
Waiving the requirements of Sections 23-81, 82, and 83 to either complete
subdivision improvements or provide a bond and agreement with the County as a
condition of final subdivision approval and offering of sale.
The Project infrastructure will be financed with the County by means of a
Community Facilities District (CFD) bond and/or County funding, as approved by
the County Council. The approval of the CFD Bond or County funding by the
County Council insures that adequate funding will in place for the construction of
all subdivision related infrastructure, therefore, a bond and agreement for the
completion of the required improvements and utilities shall not be a requirement
of final subdivision approval and offering of sale.
2.7 Article 7, Section 23-96 (Hawaii County Code) Inspection by director of
public works and manger.
Waiving the requirements of Section 23-96 pertaining to inspection by Director of
Public Works and Manger.
Inspection will be conducted by the director ofpublic works and manager or by
Project inspectors approved by the Director of Public Works and Manger.
2.8 Article 7, Section 23-97 (Hawaii County Code) Inspection fee.
Waiving the requirement for inspection fee for inspections of subdivision
improvements.
In the interest of minimizing the cost to the developer, Waikoloa Workforce
Housing, in providing affordable housing, inspection fees will not required for
Project related grading permit applications.
8
3.0 Grading and Drainage
3.1 Article 2, Section 10-11 (Hawaii County Code), Fees
Waiving the requirement for grading permit fees.
In the interest of minimizing the cost to the developer, Waikoloa Workforce
Housing, in providing affordable housing, grading permit fees will not required
for Project related grading permit applications.
3.2 Article 3, Section 10-18 (a) (1), (2), and (3) (Hawaii County Code),
Conditions of Permit
Waiving the requirements ofSection 10-18 (a) pertaining to the cut and fill
heights and slopes.
Cut and fill heights and slopes for grading within the Project will be determined
by the Project's licensed geotechnical engineer.
3.3 Article 3, Section 10-19, Distance from property line for cut or fill slopes.
Waiving the requirements of Section 10-19 pertaining to the distance from the
property line for cut or fill slopes.
Distances to the property line for cut or fill slopes within the Project will be
determined by the Project's licensed geotechnical engineer.
3.4 Article 3, Section 10.20 (Hawaii County Code) Maximum cleared area.
Waiving the requirements of Section 10-20 (HCC) that limits the maximum area
to be cleazed to twenty acres.
Erosion and sedimentation controls will be per a Department of Public Works
approved Erosion and Sedimentation Control Plan for the Project or each
subdivision increment ofthe Project.
9
4.0 Roads and Pedestrian Ways
4.1 Article 3, Division 2, Section 23-31 (Hawaii County Code).
Pedestrian ways.
Waiving the requirement that, for any block over seven hundred fifty feet in
length, the director may require creation of a pedestrian way to be constructed to
conform to standards adopted by the Department of Public Works.
Sidewalks will be incorporated with roadways designs that will conform to
construction plans approved by the Department of Public Works.
4.2 Article 3, Division 4. Section 23-41 (Hawaii County Code).
Minimum right-of--way and pavement widths.
Waiving the requirements of Section 23-41 for minimum right-of--way and
pavement widths.
Rights-of--ways and pavement widths will be in accordance with construction
plans approved by the County Department ofPublic Works. Plans and
dimensions for typical Project roadways are shown on the attached Exhibits B-1
to B-5, Waikoloa Housing Typical Road Sections.
4.3 Article 3, Division 4, Section 23-48 (a) (Hawaii County Code).
Cul-de-sacs.
Waiving the requirements of Section 23-48 (a), which states:
a) A cul-de-sac shall be as short as possible and shall not be more than six
hundred feet in length nor serve more than eighteen lots: provided that longer
streets may be approved by the director when unusual conditions exist."
Due to the relative smaller lot sizes and topogaphic constraints of the site, the
maximum number of lots on a cul-de-sac will be twenty-six (26) lots and the
maximum length of a cul-de-sac will be eight hundred (800) feet.
4.4 Article 3, Division 4, Section 23-52. Alleys
Waiving the requirements of Section 23-52 that requires that "(a)t the street and
alley intersections, ten feet corner radii shall be required.
10
The requirements for alleys shall be in accordance with construction plans approved
by the County Department ofPublic Works. Plans and dimensions for typical
Project roadways, including alleys, aze shown on the attached Exhibits B 1 to B5,
Waikoloa Housing Typical Road Sections.
4.5 Article 3, Division 4, Section 23-52. Private streets.
Waiving the requirement of Section 23-53 that states; "No private street or alley
shall be approved unless they are improved as specified under article 6, division 2
of this chapter.
The requirements for private streets within the Project shall be in accordance with
construction plans approved by the County Department of Public Works. Plans
and dimensions for typical Project roadways are shown on the attached Exhibits
Bl to B5, Waikoloa Housing Typical Road Sections.
4.6 Article 6, Division 2, Improvements Required, Section 23-86.
Requirements for dedicable streets;
Article 6, Division 2, Section 23-89. Sidewalks;
Article 6, Division 2, Section 23-90. Pedestrian way;
Article 6, Division 2, Section 23-91. Curbs and gutters;
Article 6, Division 2, Section 23-93. Street Lights;
Article 6, Division 2, Section 23-94. Street name and traffic signs; and
Article 6, Division 2, section 23-95. Right-of--way improvement.
Waiving the requirements ofthe above sections which state that dedicable streets
be designed in accordance with "specifications on file with the department of
public works."
Dedicable streets will be designed in accordance with construction plans approved
by the County Department of Public Works. Plans and dimensions for typical
Project roads aze shown on the attached Exhibits Bl to B5, Waikoloa Housing
Typical Road Sections.
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5.0 Buildings
5.1 Section 26-17 (Hawaii County Code) License Fees
Waiving the requirements of Section 26-17 requiring licensing fees for the testing
and inspection of fire extinguishing systems and portable fire extinguishers.
In the interest of minimizing the cost to the developer, Waikoloa Workforce
Housing, in providing affordable housing, licending fees will not required for the
testing and inspection of fire extinguishing systems and portable fire extinguishers
within the Project.
5.2 Article 4, Division 1, Section 25-4-2 (Hawaii County Code). Conditions for
construction of buildings designed for human occupancy.
Waiving the requirements of Section 25-4-2 which states:
a) "On any building site, no building designed or intended for human occupancy
shall be constructed and no permit therefore shall be issued unless:
1) the building site is served by a County water system or privately
owned and operated water system, or other private, individual means
of providing water to the building site is demonstrated; and
2) a wastewater treatment system for the proposed building has been
approved by the State department of health.
b) On any building site in any subdivision approved by the director under
chapter 23 of this code, no building designed or intended for human
occupancy shall be constructed and no permit issued therefore until either:
1) The streets, drainage improvements, water supply system, if any, and
sewage disposal system, ifany, have been constructed, inspected and
approved by the appropriate County agencies; or
2) Final subdivision approval has been secured by the subdivider in
accordance with chapter 23, by posting a surety bond or other security
guaranteeing the construction of all of the subdivision improvements
as shown on approved construction drawings and specifications,
provided that final occupancy of any dwelling unit shall not be granted
until the subdivision improvements for the particulaz increment in
which such dwelling unit is situated have been constructed, inspected
and approved by the appropriate County agencies. "
Construction of the Project water, streets, drainage improvements, and sewage
disposal system will be constructed concurrent with the building construction.
Therefore, building permits shall be issued prior to such systems having been
inspected and approved by the appropriate County agencies. Provided, however,
final occupancy of any dwelling unit shall not be granted until the subdivision
12
improvements for the particular increment in which such dwelling unit is situated
have been constructed, inspected, and approved by the appropriate County
agencies; and a wastewater treatment system for the proposed building has been
approved by the State department of health.
Additionally, as detailed above pertaining to Sections 23-81 through 83 (Item
2.6), posting of a surety bond or other security will not be required as a condition
of final subdivision approval for the Waikoloa Employee Housing Project. The
Project infrastructure will be financed with the County by means of a Community
Facilities District (CFD) or other County financing approved by the County
Council. The approval of the CFD or other County financing by the County
Council will insure that adequate funding is in place for the construction of the
required subdivision related infrastructure. Final subdivision approval, however,
shall not be issued prior Council approval of the CFD Bond financing or other
County funding for the construction of the subdivision related infrastructure of
the corresponding subdivision increment.
6.0 Sales -Preemptions from State Statutes
6.1 Uniform Land Sales Practices Act (Chapter 484, HRS)
Waiving the registration requirements of Chapter 484, Hawaii Revised Statutes
HRS) that provides that land "(n)o person may offer or dispose of any interest in
subdivided lands located in this State before a preliminary or final order
registering the subdivided land is entered."
In order to assure the greatest exposure possible to the intended workforce
mazket, the developer, Waikoloa Workforce Housing, LLC, may utilize many
forms of advertisement, including, but not limited to, the use of the internet,
publications, mailings, public announcements, or publicizing through other
agencies and organizations with common goals; any one of which could be
construed as an offering for sale, lease or rent. A waiver from the registration
requirements ofChapter 484 is needed to provide WWH with greater latitude to
more immediately market and test consumer interest in the proposed leasehold
product prior to the final order registering the subdivision with the State.
6.2 Condominium Registration (Chapter S15B, HRS)
Waiving the requirements of Chapter S15B, Hawaii Revised Statutes pertaining to
condominium registration.
While there will be no condominium development within the Project, there may
be some concern that the for-sale town home product maybe construed as a
condominium property regime as it is similar to other condominium developments
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in its configuration. The town home product is unique as attached for-sale
product, as each unit will stand on and be physically connected to its own
subdivided parcel that will be made available to the buyer through a long term
lease agreement. The waiver from the requirements of Chapter S ISB is required
to remove any possible condition whereby the requirements of condominium
registration would apply to the sale of the town home product.
6.3 Real Estate Brokers and Salespersons (Chapter 467, HRS)
Waiving the requirements of Chapter 467, Hawaii Revised Statutes, pertaining to
the licensing requirements for brokers and sales persons.
The Waikoloa Workforce Housing Project will be unique in that, in an effort to
maintain the affordability ofthe homes and avoid large brokerage fees, the Project
plans to use its own sales staff. A waiver from the requirements of Chapter 467
is needed to provide greater flexibility in the hiring of sales staff and to help
curtail the cost ofmaintaining an in-house sales staff.
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