HomeMy WebLinkAboutResolution No. 2009-29COUNTY COUNCIL COUNTY OF KAUAI r No. 2009-29 RESOLUTION AUTHORIZING LIMITED EXEMPTION FROM H.R.S.CHAPTER 514B FOR HAOA STREET AFFORDABLE HOUSING PROJECT WHEREAS, Kauai County Ordinance No. PM-2006-383 directs Kauai Lagoons LLC ("Kaua`i Lagoons") to implement the Kauai Lagoons Affordable Housing Amended Agreement, dated February 18, 2005 (the "Agreement") in order to fulfill Kauai Lagoons' affordable housing obligation; and WHEREAS, the Agreement requires that 31 affordable housing units be developed on land identified as tax map key no. (4)3-5-001:165 within the Kauai Lagoons Resort (the "Haoa Street Affordable Housing Project" or "Project"), and that the units be completed by February 18, 2010; and WHEREAS, the Agreement requires the units to be sold as 99-year leasehold properties to certain owner-occupants based on income qualification, family size,employment with Kauai Lagoons Resort, and other criteria identified in the Agreement; and WHEREAS, the Haoa Street Affordable Housing Project will be developed as a condominium property regime under Hawaii Revised Statutes ("H.R.S.") chapter 514B, which imposes certain requirements that conflict with owner-occupant selection criteria identified in the Agreement; and WHEREAS, due to these conflicts between subpart B of part V of chapter 514B, H.R.S. and the Agreement, Kauai Lagoons is requesting that the County exercise its powers under H.R.S. §46-15 and declare the Haoa Street Affordable Housing Project an experimental and demonstration project that is exempt from H.R.S. §§514B-95 through 514B-99.5, which statutes are attached hereto and made a part hereof; and WHEREAS, pursuant to H.R.S. §46-15, as amended, the Mayor, after holding a public hearing and receiving approval from the County Council, may designate areas of land for experimental and demonstration housing projects to research and develop ideas that reduce the cost of housing in the State; and WHEREAS, experimental and demonstration housing projects may be made exempt from statutes, ordinances, charter provisions, and rules or regulations of any governmental agency relating to planning, zoning, construction standards for subdivisions, development and improvement of land, and the construction and sale of homes thereon, provided that the experimental and demonstration housing project shall not affect the safety standards or tariffs approved by the public utility commissions for such public utility; and
WHEREAS, H.R.S. §514B-99.5 states that subpart B of part V of H.R.S.chapter 514B shall not apply to a project developed pursuant to H.R.S. §46-15;further, the exemption requested through this Resolution is necessary for Kauai Lagoons to comply with the terms of the Agreement, and the granting of this exemption does not affect the safety standards or tariffs approved by the public utility commissions for such public utility; now, therefore,BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF KAUAI,STATE OF HAWAII, that it designates the Haoa Street Affordable Housing Project an experimental and demonstration housing project pursuant to H.R.S. 46-15,H.R.S., as amended and, as such, authorizes the following exemption:1. The Project shall be exempt from H.R.S. §514B-95 through and including §514B-99.5 (subpart B "Sales to Owner-Occupants" of part V of chapter 514B, Haw. Rev. Stat.).BE IT FURTHER RESOLVED, that copies of this Resolution be transmitted to Steve Busch, Regional Vice President- Development Management of Kauai Lagoons LLC, Mayor Bernard P. Carvalho, Jr., Eugene K. Jimenez, Housing Director for Kauai County Housing Agency, the County Department of Planning,and Office of the County Attorney.INTRODUCED BY:V:HAO STREET4ki Jacc u'~uu.3 R g C l~.ama.C.fivro.g J~.a.W,afwica,g y/J\.anQ,a,Qca.rni g 7 0 0 0 y DICKIE C By Request)ezxi,~i.ca~e ~~ l~da~,ki.a~n.71~e ,y. x~ia,C ~'\~;o,Q.~n.~,~iom. ~. 2009-29 J~lc~n~a.i,~i, ~e, J~.atiui.~+., ~~a~ai~a, an. M~.rC~l 13, 2009.l 1~-~ ~~l.La~rfc rea .March 13, 2009
HRS Page 1 of 1 514B-98.5] Enforcement. (a) Whenever the commission finds based upon satisfactory evidence that any person is violating or has violated any provision of this subpart or rules of the commission adopted pursuant thereto, the commission may conduct an investigation on the matter and bring an action in the name of the commission in any court of competent jurisdiction against the person to enjoin, the person from continuing the violation or doing any acts in furtherance thereof .b) Before the commission brings an action in any court of competent jurisdiction pursuant to subsection (a) against any person who executed an affidavit pursuant to this subpart; it may consider whether the following extenuating circumstances affected the person's ability to comply with the law:1) Serious illness of any of the owner-occupants who executed the affidavit or of any other person who was to or has occupied the residential unit;2) Unforeseeable job or military transfer;3) Unforeseeable change in marital status, or change in parental status; or 4) Any other unforeseeable occurrence subsequent to execution of the affidavit.If the commission finds that extenuating circumstances exist, the commission may cease any further action and order release of any net proceeds held in abeyance.c) Any individual who executes an affidavit pursuant to this subpart and who subsequently sells or offers to sell, leases or offers to lease, rents or offers to rent, assigns or offers to assign, or otherwise transfers any interest in the residential unit that the person obtained pursuant to this subpart, shall have the burden of proving the person's compliance with the requirements of this part.d) Upon request, the commission may require verification that a presumed owner-occupant continues to be an "owner-occupant", as defined in this subpart. If, due to a sale, lease, assignment, or transfer of the residential unit, the presumed owner-occupant is unable to verify continuing owner-occupancy status, that person may be subject to a fine in an amount equal to the, prof it made from the sale, lease, assignment, or transfer.e) The commission shall adopt rules, pursuant to chapter 91,to carry out the purposes of this subpart. [L 2005, c 93, pt of ~4]Previous Voll2 Ch0501-0588 Next