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Home My WebLink AboutBIL 173 Draft 01 2022-2024 Hawaii County Council-43 July 10,2024 Bill 169: AMENDS ORDINANCE NO. 02-131, WHICH AMENDED ORDINANCE (Draft 2) NOS. 97-99, 94-34, 93-26, 91-96, 90-62, 88-4, 84-42, AND 84-23, WHICH RECLASSIFIED CERTAIN LANDS FROM UNPLANNED (U) TO MULTIPLE-FAMILY RESIDENTIAL—5,000 SQUARE FEET (RM-5) AND SINGLE-FAMILY RESIDENTIAL— 15,000 SQUARE FEET (RS-15) AT HOLUALOA 1 AND 2, NORTH KONA, HAWAII, COVERED BY TAX MAP KEYS: 7-6-021:004, 009-013, AND 015-017 (Applicant: Kona Three, LLC) (Area: approx. 175 acres) The Leeward Planning Commission forwards its unfavorable recommendation for the applicant's request for a 10-year time extension to Condition I(Complete Construction of the First Increment on RM Zoned Lands) and amendment to clarify Condition N (Roadway Standards), which would apply only to Tax Map Key Nos. 7-6-021:016 and 017, consisting of a total land area of 67.162 acres. The subject properties are located along the east(mauka) side of the Queen Ka`ahumanu Highway at its junction with Kuakini Highway, between Pualani Estates subdivision to the north and Kona Vistas to the south. Reference: Comm. 896.5 Intr. by: Mr. Inaba(B/R) Negative: LAAC-64 (Due to a vote of 4-ayes, 5-noes) AMENDED TO DRAFT 3 AND POSTPONED TO AUGUST 21, 2024: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, Lee Loy, Villegas, and Chair Kimball —9. Noes: None. Absent: None. Excused: None. Bill 173: AMENDS CHAPTER 19, ARTICLE 7, SECTION 19-53 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO REAL PROPERTY VALUATION; CONSIDERATIONS IN FIXING Lowers the cap on annual increases to the assessed value for properties in the Homeowner and Affordable Rental Housing tax classifications from three percent to two and a half percent. Reference: Comm. 904 Intr. by: Ms. Evans Negative: FC-171 (Due to a vote of 3-ayes, 4-noes, 2-absent) (Vote on Bill 173 is on the next page) Page 8 Hawaii County Council-43 July 10,2024 POSTPONED TO THE CALL OF THE CHAIR: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —7. Noes: None. Absent: Council Members Lee Loy and Villegas —2. Excused: None. Bill 178: AMENDS ORDINANCE NO. 24-32, AS AMENDED, THE OPERATING BUDGET FOR THE COUNTY OF HAWAII FOR THE FISCAL YEAR ENDING JUNE 30, 2025 Appropriates revenues in the Federal Grants —Workforce Innovation and Opportunity Act account($1,697,603); and appropriates the same to the following 2023-24 Workforce Innovation and Opportunity Act accounts: Administration Planning ($169,760), Adult Program ($698,272), Dislocated Worker Program ($254,277), and Youth Program ($575,294). Funds would be used to assist adults, dislocated workers, and youth by providing training to increase employment, retention, earnings, skills, and literacy. Reference: Comm. 926 Intr. by: Mr. Kaneali`i-Kleinfelder(B/R) Waived: FC PASSED IST READING: Ayes: Council Members Evans, Galimba, Inaba, Kagiwada, Kaneali`i-Kleinfelder, Kierkiewicz, and Chair Kimball —7. Noes: None. Absent: Council Members Lee Loy and Villegas —2. Excused: None. ORDER OF THE DAY(SECOND OR FINAL READING) Bill 140: AMENDS CHAPTER 20 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO SOLID WASTE FACILITIES Requires that all solid waste facilities used for the disposal, collection, and transfer of household waste be operated and open to the public at least two days per week. Reference: Comm. 764 Intr. by: Ms. Kierkiewicz First Reading: June 19, 2024 (Vote on Bill 140 is on the next page) Page 9 COUNTY OF HAWAII :• .'= 0 •` STATE OF HAWAII Ott OFM F'� BILL NO. 173 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 VALUATION; CONSIDERATIONS IN FIXING. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 19, article 7, section 19-53, of the Hawai`i County Code 1983 (2016 Edition, as amended), is amended by amending subsections (g) and (h)to read as follows: "(g) Limitation on homeowner assessment. For properties in the homeowner class as of January 1, 2004, the assessed value of the property shall not increase more than [twee] two and a half 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, Hawai`i Revised Statutes, at which time the property will be assessed at market value. In addition to the [three] two and a half 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. (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) 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] two and a half 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, Hawai`i Revised Statutes, at which time the property will be assessed at market value. In addition to the [twee] two and a half 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 1 of the following year and be subject to the above provisions." SECTION 2. 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 3. 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 which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are severable. SECTION 4. This ordinance shall take effect on January 1, 2027. • INTRODJJCED BY: . COUNCIL , COUNTY OF HAWAI'I • , Hawai'i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: • • Effective Date: • . REFERENCE Comm. 904