Like the Kaua‘i County Planning Department, the County Council wants to halt the building of additional dwelling units on agricultural and open-zoned lands to help preserve the island’s rural feel. In spite of that shared sentiment, the council, meeting at
Like the Kaua‘i County Planning Department, the County Council wants to halt the building of additional dwelling units on agricultural and open-zoned lands to help preserve the island’s rural feel.
In spite of that shared sentiment, the council, meeting at the historic County Building Tuesday, seemingly gave an out to property owners wanting to build such units.
The council-approved legislation will allow landowners until June 15 of next year to have a completed ADU facilities clearance form, the ticket for them to apply for a county building permit. The form is a checklist on roads and police and fire service to the property.
In its legislation, the council states it reluctantly took this action to mitigate public concerns about the lack of notice on the expiration of the ADU law on Dec. 31.
Various councils have extended the law four times since 1989. But this council is putting its foot down, and stated emphatically, barring new legislation, the county will not issue any more building permits after Dec. 15, 2009.
Mayor Bryan Baptiste must sign the legislation before it becomes law.
Some residents had complained previously the expiration of the law unfairly placed them under the gun to get permits or risk losing the full value of their properties.
In its legislation, the council said it “reluctantly finds it is appropriate to create a limited right for a period of three years” to allow people to apply for the building permits as long as the ADU facilities clearance form has been completed by June 15, 2007.
The council also said the property owners and not government have the primary responsibility for putting in the infrastructure for additional dwelling units.
Councilman Jay Furfaro said the legislation is targeted for a person who is the “owner of record” of the land as of Dec. 31, 2006, and submits the ADU clearance form application by June 15, 2007.
The clearance form is a checklist on things like the adequacy of roads, the width of roads, the sufficiency of water and availability of fire services, Furfaro said.
While a landowner must have the form completed before applying for a building permit, there is no guarantee a permit will be issued, the legislation states.
The Planning Department will certify the form as competed, but only if every signature blank on the form has been signed by reviewing agencies.
Furthermore, the property owner must sign an affidavit verifying no restriction with the land prohibits additional dwelling units, the legislation states.
By signing the affidavit, the landowner also agrees completion of the clearance form doesn’t constitute issuance of a building permit and is only a step toward applying for one, the legislation states.
Furfaro said the bill he introduced offers a way for the county to get out of the business of approving ADU’s on agricultural-and-open-zoned land and to help preserve open space and agricultural uses.
“I call this the exit strategy,” Furfaro said. “Having public notice, having a public hearing to structure the parameters for people who own the properties prior to Dec. 31, and want to have the time to complete their ADU facilities clearance form and to complete their ADU application (for a building permit).”
Furfaro said he introduced the initial ADU legislation in the spring to open up public debate.
“I introduced the bill to trigger a public hearing (process),” he said. “Without a public hearing, you wouldn’t be able to have a forum of public notice that I think is important whenever any potential limited rights are expired.”
In its legislation, the council states the law has been extended four times since it was approved in 1989.
While well-intentioned, the law, in combination with state laws allowing the condominium property regime application for land, has allowed for construction of more homes on lands not intended for residential use than should be allowed, the council legislation states.
Furthermore, the law has thwarted “one of the main goals of the Kaua‘i County General Plan to limit and control the dispersal of residential and urban use within agricultural lands,” the legislation states.
While the law has helped create affordable housing, it has fueled speculation and fragmentation of land, resulting in an increase rather than a decrease in housing costs, the legislation states.
“It has added a potential of 3,200 units on agricultural-and-open-zoned lands,” the legislation states.
It also states not letting the legislation die “could destroy the rural character of Kaua‘i without providing affordable housing in effective and efficient ways.”
