BIL 112 Draft 01 2006-2008 - Laserfiche WebLink

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COUNTY OF HAWAII STATE OF HAWAII BILL NO. 112 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 1 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO AFFORDABLE HOUSING BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this bill is to extend the requirements for affordable housing to properties which are being subdivided or developed under plan approval, in cases where the property was zoned without specific affordable housing requirements. The council finds that the lack of affordable housing for persons of low and moderate income is causing severe financial hazdship to residents of the island, causes a shortage of workers for many businesses, causes long-distance commuting from areas with more affordable housing to employment centers, thereby increasing traffic congestion, and increasing the risk of death and injury from traffic accidents, and other problems, a12 adversely affecting the health, safety, and welfaze of the residents of the county. Although a large number of new homes have been built on the island in the last few years, there is a shortage of homes for people of low and moderate income, because of strong demand for homes from more affluent second-home buyers and retirees. Much development has occurred on sites that were zoned prior to affordable housing requirements, and hence, under the current housing ordinance, does not have to include affordable housing. The council finds that in order to achieve the goals for affordable housing in the General Plan it is necessary to require affordable housing under Chap. 11 for new subdivisions, condominiums, and for new multi-family buildings, and multiple single-family residences built on a lot, which aze required to obtain plan approval. The council also finds that it is typical on the U.S. Mainland that inclusionary zoning laws, such as Chap. 11, apply to new subdivisions and multi-family developments even when not specifically required by the zoning ordinance which applies to the property. To avoid a double assessment of affordable housing requirements, it is necessary, however, to exempt subdivisions, condominiums, and plan approvals that aze contained within projects that previously had affordable housing conditions that were fully satisfied at an earlier time. SECTION 2. Section 11-4, Hawaii County Code, subsection (a) is hereby amended to read as follows: "Section 11-4. Affordable housing requirements. (a) The affordable housing requirements shall apply to: (1) All new rezonings that may create additional residential uses, including rezonings[,] to RS, RD, RM, RCX, RA and FA districts, and APD rezonings where lot sizes aze less than five acres, and to CG, CV, CN and PD districts when residential uses are established in those districts;