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Home My WebLink AboutBIL 156 Draft 01 2020-2022 Hawai`i County Council-52 November 2,2022 BILLS FOR ORDINANCES (FIRST READING) Bill 156: AMENDS CHAPTER 19, ARTICLE 7, SECTION 19-53, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY TAX VALUATION; CONSIDERATIONS IN FIXING Establishes that the value of property classified as apartment, hotel and resort, commercial, industrial, agricultural or native forests, or conservation cannot be assessed by the County at more than 15 percent than the previous year's assessed value for that property. Reference: Comm. 739 Intr. by: Ms. Lee Loy Negative: FC-220 (Due to a vote of 2-ayes, 7-noes) FAILED: Ayes: Council Members Lee Loy and Richards—2. Noes: Council Members Inaba, Kaneali`i-Kleinfelder, Kierkiewicz, Kimball, Villegas, and Chair David—6. Absent: Council Member Chung— 1. Excused: None. Bill 204: AMENDS SECTION 25-8-3 (NORTH KONA ZONE MAP), ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM AGRICULTURAL—FIVE ACRES (A-5a) TO FAMILY AGRICULTURAL—ONE ACRE (FA-1a) AT KAILUA-KONA, NORTH KONA, HAWAII, COVERED BY TAX MAP KEY: 7-5-017:043 (Applicant: Siting Chen) (Area: 14.968 Acres) The Leeward Planning Commission forwards its favorable recommendation for this change of zone request, which would allow the applicant to apply for a subdivision of the parcel into 11 lots of at least one acre. The property is located on the south side of Hualalai Road, approximately 0.6 miles east of its intersection with Queen Ka`ahumanu Highway, Wai`aha 1st, Puapua'anui 1st in North Kona. Reference: Comm. 952 Intr. by: Ms. Kierkiewicz (B/R) Approve: PC-81 AMENDED TO DRAFT 2 AND FAILED:. Ayes: Council Members Kierkiewicz, Lee Loy, and Richards—3. Noes: Council Members Inaba, Kaneali`i-Kleinfelder, Kimball, Villegas, and Chair David—5. Absent: Council Member Chung— 1. Excused: None. Page 11 OFFICE OF THE COUNTY CLERK County of Hawai`i Hilo, Hawai`i (FAILED) Introduced By: Susan L.K. Lee Loy ROLL CALL VOTE Date Introduced: November 2, 2022 AYES NOES ABS EX First Reading: November 2,2022 Chung X Published: David X Inaba X REMARKS•' Kaneali'i-Kleinfelder X Kierkiewicz X Kimball X Lee Loy X Richards X • Villegas X Second Reading: 2 6 1 0 To Mayor: Returned: ROLL CALL VOTE Effective: AYES NOES ABS EX Published: Chung REMARKS: David Inaba Kaneali'i-Kleinfelder Kierkiewicz Kimball Lee Loy Richards Villegas I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. COUNCIL CHAIRPERSON Approved/Disapproved this day of , 20 COUNTY CLERK 156 Bill No.: MAYOR, COUNTY OFHAWAI`I C-739/FC-220 Reference: Ord No.: g(JNty oc kth. G *;• ;� STATE OF G '':;.rte—.•"�''. +r,T6 OF•Mj,J�* 'i BILL NO. 156 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 19,ARTICLE 7, SECTION 19-53, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION,AS AMENDED),RELATING TO REAL PROPERTY TAX VALUATION; CONSIDERATIONS IN FIXING. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this ordinance is to expand the limitations on property assessments to all tax classes, excluding residential. This will allow property owners to plan and adjust accordingly in the event the real estate market spikes. SECTION 2. Chapter 19, article 7, section 19-53, of the Hawaii County Code 1983 (2016 Edition, as amended), is amended by amending subsections (g) and(h)to read as follows: "(g) Limitation on [home,,,,nen assessment.] property assessments. Homeowner assessment. For properties in the homeowner class as of January 1, 2004, the assessed value of the property shall not increase more than three percent per tax year until the parcel is sold or any portion thereof sold by way of conveyance which is subject to conveyance tax under terms of chapter 247, Hawaii Revised Statutes, at which time the property will be assessed at market value. In addition to the three percent limit of this subsection,any improvements undertaken on the property within the tax year shall be assessed at market value. All parcels entering this class after January 1, 2004,shall have the assessed value as of January 1 of the following year and be subject to the above provisions. Affordable rental housing assessment. For properties in the affordable rental housing; class as of January 1, 2008, the assessed value of the property shall not increase more than three percent per tax year until the parcel is sold or any portion thereof sold by way of conveyance which is subject to conveyance tax under terms of chapter 247, Hawaii Revised Statutes, at which time the property will be assessed at market value. In addition to the three percent limit of this subsection, any improvements undertaken on the property within the tax year shall be assessed at market value. All parcels entering this class after January 1, 2008, shall have the assessed value as of January I of the following year and be subject to the above provisions. I i I i Apartment, hotel and resort, commercial, industrial, agricultural or native forests and conservation assessments. For properties in the apartment, hotel and resort, commercial, industrial, agricultural or native forests, and conservation classes as of January 1, 2022, the assessed value of the property shall not increase more than fifteen percent per tax year until the parcel is sold or any portion thereof sold by w4y of conveyance which is subject to conveyance tax under terms of chapter 247, Hawaii Revised Statutes, at which time the property will be assessed at market value. In addition to the fifteen percent limit of this subsection, any improvements undertaken on the property within the tax year shall be assessed at market value. All parcels entering this class after January 1, 2022, shall have the assessed value as of January 1 of the following year and be subject to the above provisions. (h) Eligibility for affordable rental housing class. (1) Real property occupied as affordable rental housing must be rented at a rate not to exceed the affordable rental rate for the entire calendar year claimed and must be legally permitted by all codes. (2) All rental units on affordable rental housing properties must be rented at the affordable rental rates. (3) Affordable rental housing properties shall not be excluded by the owner's principal residence also being on the property. [(4) Fef pfopefties in the affefdable Fental housing class as of jamiary 1, 2008, the assessed valtie of the pfepefty shall not inefease mefe than three pefe Hawai'i Revised Statutes, at whieh time the pfepefty will be assessed at mafketvaltte. Ift addition to the three pefeent limit of this subseefieii, afly , 5 shall hffve the assessed vaitte as of jaffuafy 1 of the following yeaf and be subj eet to the above ]» SECTION 3. Material to be repealed is bracketed and stricken.New material is underscored. In printing this ordinance, the brackets, bracketed and stricken material, and underscoring need not be included. SECTION 4. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. 2 SECTION 5. This ordinance shall take effect upon its approval. INTRODUCED BY: S CIL MEMBER, CO TY OF WAI`I Hawaii Date of Introduction: Date of 1 st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 739 3