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HomeMy WebLinkAboutCOM 0872.000 1998-2000 MTV os ,4 Stephen K. Yamashiro E. Mayo, ; O! N!a J 1' Gunfv of ('?AttfuttiY OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT 50 Wailuku Drive • Hilo, Hawaii 96720-2484 Vrt'r (8081961-8379 • FAX (808) 961.8685 July 26, 2000 MEMORANDUM TO: James Y. Arakaki, Chairman Hawai'i County Council FROM: Nancy Pisicchio, Chairperson Hawai'i County Housing Agency SUBJECT: Resolution for the Parker Ranch Foundation The Office of Housing and Community Development (OHCD) submitted a resolution to the Hawai'i County Housing Agency (HCHA) authorizing the Mayor to negotiate and execute an agreement with Parker Ranch Foundation, to satisfy Condition 1 of LUC Docket No. A86-601 and Condition (E) of Ordinance No. 96-117. The HCHA reviewed and approved the resolution at its meeting of July 26, 2000, by a vote of 5- ayes, C nays, and with 4 absent and excused. Accordingly, I am requesting that this resolution be included on the Council agenda for action at its August 9, 2000, meeting. Enclosure Re-5. 305-00 Comm. No. 93 al~ mle No. ~.~f? Lam{ ~ZJ 0946hsmi Ref. To: COI,~•?,LI 1 lOUAL HOUSING OPPORTUNITY Ref. Data 7 2000 ',w EQUAL OPPORTUwTY EWLOYEN• Parker Ranch Foundation Trust Parker Ranch 2020 Project Housing Plan June 18, 2000 Introduction and Background The original planning for the Parker Ranch 2020 Project, to implement a long range master plan for the development of its lands in the Waimea area, began in 1986. In 1992, approval of the Parker Ranch 2020 Plan was granted by the County through the adoption of Ordinance No. 92- 65. This ordinance rezoned over 580 acres of land in the Waimea area for commercial, industrial, residential and agricultural activities, as well as provided for a wide range of community facilities. Parker Ranch owner, Richard Smart, passed away unexpectedly in November of 1992. As directed by his estate plan, the majority of his assets, including the Parker Ranch 2020 Project area were placed in a charitable trust, the Parker Ranch Foundation Trust. His intent was that the Trust benefit residents of Waimea through contributions to education, charity, and health services. The original beneficiaries of the Trust were: o Parker School o Hawaii Preparatory Academy O Lucy Henriques Medical Center o North Hawaii Community Hospital; and o Hawaii Community Foundation Since the establishment of the Trust, Lucy Henriques Medical Center and North Hawaii Community Hospital have merged. With respect to the Hawaii Community Foundation, it is required to distribute its portion of the Trust income to charitable organizations in Waimea through grants that benefit the community. In this manner, Richard Smart believed that the people of Waimea would ultimately benefit from the income of the Trust. In 1994, Parker Ranch began to revise its Parker Ranch 2020 Project in response to community concerns and the new direction of the Ranch. The area and density of the Project were reduced to encompass approximately 340 acres of land with a total of 730 residential units. This is a reduction of approximately 268 units from the original plan. A summary of the revised Parker Ranch 2020 Project is provided in Table No. 1, below. Parker Ranch also requested certain amendments to the conditions of approval of Ordinance No. 92-65. The amendments were to ensure the Ranch was in compliance with the performance conditions which required certain actions to be undertaken in a specified time period. In addition, Parker Ranch requested certain amendments to allow for a more efficient phasing of the project; and to provide for the development of the property in a manner that ensures the impacts of the project are addressed in a way that is fair to the County, the community and to Parker Ranch. Parker Ranch 2020 Project Housing Plan June 18, 2000 Page No. 1 Table No. 1 Parker Ranch 2020 Project Development Summary Zoning Designation Area Proposed Residential (in acres) Density (units) Single Family Residential (RS-7.5,10 & RA-la) 181.74 473 Multiple Family Residential (RM-5.0) 37.66 256 Commercial (CV-7.5) 101.50 n/a Industrial (ML-20) 25.00 n/a Total 345.90 729 On September 26, 1996, the County Council adopted Ordinance No. 96-117 which incorporated the proposed changes to the Parker Ranch 2020 Project and amended certain conditions of the original zoning ordinance. Parker Ranch 2020 Project Affordable Housing Conditions. On April 20, 1987, the State Land Use Commission (SLUC), in Docket No. 186-601, reclassified the Parker Ranch 2020 Project Town Center and Industrial areas from the SLU "Agricultural" district to the "Urban" district. This reclassification was subject to several conditions, including Condition No. 1 related to Affordable Housing. On September 26, 1996, Ordinance No. 96-117, amending Change of Zone Ordinance No. 92-65, was approved, subject to several conditions, including Condition No. E, related to affordable housing. Copies of the SLU Decision and Order and Change of Zone Ordinance No. 96-117 are attached as Appendix A and B, respectively. The affordable housing conditions related to the Parker Ranch 2020 Project area as follows: 1. State Land Use Commission Docket No. A86-601 - Condition No. 1 Petitioner shall provide housing opportunities for low and moderate income Hawaii residents by constructing and offering for sale or rent, on a preferential basis or its own or in cooperation with either the Hawaii Housing Authority and the County of Hawaii, within or without the Property, a number of residential units not less than ten percent (10%) of the total number of residential units, or lots and units, to be developed on the Property, to residents of Hawaii of low and moderate income as determined by the Hawaii Housing Authority or County of Hawaii from time to time, or by contributing to the development of such housing without the property. The low and moderate preferential residential units, if offered for sale, shall be offered at prices that would enable such purchasers to qualify for and obtain State-assisted financing or Federally-insured or assisted financing intended to encourage home ownership by low and moderate income families. Parker Ranch 2020 Project Housing Plan June 18, 2000 Page No. 2 2. Change of Zone Ordinance No. 96-117, Condition No. E To ensure the Goals and Policies of the Housing Element of the General Plan are implemented, the applicant shall work with the Office of Housing and Community Development and the Planning Director to formulate a housing plan for the development. This housing plan shall be approved by the County Housing Agency prior to final subdivision approval of any portion of the residential zoned area. The housing plan shall allow satisfaction of the requirements of this condition by in-lieu payment, land, or any combination thereof, and shall be based on a maximum density for the residential area, as determined by the applicant with the concurrence of the Planning Director. Full affordable housing credits shall be given for the 4.7t acres set aside the applicant and dedicated to the County for the 40 unit elderly housing site as well as any other future land or residential lots set aside for employees of the applicant who meet the prevailing income criterion for an affordable home. County of Hawaii Affordable Housing Policy On January 7, 1998, the County of Hawaii adopted Ordinance No. 98-1 which established the Affordable Housing Policy for the County of Hawaii. The purpose of this Ordinance is to further the Hawaii County General Plan's Goals and Policies with respect to housing which include: o Attaining a diversity of socio-economic housing mix throughout different parts of the County; o Improving and monitoring the quality and affordablity of the existing housing stock; and o seeking sufficient production of new affordable rental and fee simple housing in a variety of sizes. The Affordable Housing Policy establishes the requirements for rezonings involving residential, resort and industrial uses. More specifically, Section 11-4 of Ordinance No. 98-1 requires that requests for zoning which propose the establishment of residential uses, including single family and multiple dwellings will be assessed as follows: 0 9 units or less No Requirement 0 10 or more units 10% of total units to be developed Ordinance No. 98-1 further requires that satisfaction of this requirement be accomplished through the provision of affordable housing units within the land which is the subject of the rezoning. In lieu of the provision of affordable housing units on-site, the affordable housing requirement may be satisfied through the use of the following alternatives: 1. Payment of in-lieu fees (in-lieu fee is currently $4,720 per affordable unit) 2. Provision of affordable units of off-site property; Parker Ranch 2020 Project Housing Plan June 18, 2000 Page No. 3 3. Provision of developable land; 4. Provision of infrastructure/services; or 5. Any other means which are approved by the County Housing Agency The implementation plan to satisfy the affordable housing requirements must be approved by the County Housing Agency prior to the issuance of any residential building permit for the overall project. Ordinance No. 98-1 further states that the Housing Policy supercedes all previous affordable housing requirements . Further, that any affordable housing condition or portion thereof in a prior rezoning ordinance which has not been fully satisfied as of January 7, 1998 (date of adoption of Ord. No. 98-1), may be re-assessed, pursuant to this policy upon the initiation of the person or entity that must satisfy that housing condition. Other Parker Ranch Residential Projects Parker Ranch is currently developing and will continue to develop lands that it owns outside of the Parker Ranch 2020 Project area, for residential and other purposes. A portion of these residential developments may be used by Parker Ranch to provide opportunities for their employees to own their own property through the Parker Ranch Employee Land Benefit Program. Included in these properties is the proposed development of TMK: 6-4-01: portion of 42 where Parker Ranch, Inc. is proposing to develop a 24-lot residential subdivision. Of these lots, a total of 16 are proposed to be offered to its employees as part of the Ranch's Employee Land Benefit Program and are intended to be credited against the affordable housing requirements of the Parker Ranch 2020 Project as required by Ordinance No. 96-117. Parker Ranch understands that the County Affordable Housing Policy, as contained in Ordinance No. 98-1 will apply to these future rezonings. Accordingly, Parker Ranch is requesting that to the extent that the residential or agricultural lots are set aside for Parker Ranch employees who meet the prevailing income criterion for an affordable home pursuant to its Employee Land Benefit Program, no other affordable housing requirements be imposed on those lots. Parker Ranch 2020 Project Housing Plan Parker Ranch is proposing to address its affordable housing requirement for the Parker Ranch 2020 Project as well as other residential developments outside of the Parker Ranch 2020 Project area as follows: 1. Parker Ranch will provide affordable housing opportunities equivalent to ten percent (10%) of the total residential units proposed in the Single Family Residential (RS) and Multiple-Family Residential (RM) zoned districts. These affordable housing units will be priced in a manner to ensure that they are Parker Ranch 2020 Project Housing Plan June 18, 2000 Page No. 4 affordable to residents of Hawaii of low and moderate income as determined by State's Housing and Community Development Corporation and/or the County of Hawaii. 2. The total affordable housing requirement will be based on a maximum density for the residential areas, as determined by Parker Ranch with the concurrence of the Planning Director. Based on the existing Parker Ranch 2020 Plan, a total of approximately 730 residential units are proposed within the residential zoned lands, including approximately 475 units in the RS zoned area and 255 units in the RM zoned area. Accordingly, a total of 73 affordable units, houses affordable to residents of Hawaii of low and moderate income as determined by State's Housing and Community Development Corporation (HCDC) and/or the County of Hawaii will be required to address the housing requirements of the Parker Ranch 2020 Project. 3. The affordable housing units will be provided prior to Final Subdivision Approval for those units/lots in the RS zoned district or the issuance of a Certificate of Occupancy for those units within the RM zoned district, for each proposed residential development area, as determined by Parker Ranch, with the concurrence of the Planning Director. 4. Parker Ranch shall provide the affordable housing units in one or any combination of the following alternatives pursuant to and in full satisfaction of Condition No. 1 of LUC Docket No. A86-601 and Condition (E) of Ordinance No. 96-117: A. Parker Ranch Employee Land Benefit Program Parker Ranch has established an Employee Land Benefit Program which provides employees with an opportunity to own a parcel of land at no cost, except for the pro rata share of the cost of improvements. Approximately . 50 employees are currently eligible for this program. After five (5) years of employment, an employee is eligible to obtain a lot, provided one is available. The market value of the lot is then amortized and forgiven over the next twenty (20) years, allowing the employee to own it free and clear after that period. Should the employee leave Parker Ranch employment prior to the twenty year amortization period, that employee must pay off the unforgiven balance in order to keep the lot. Parker Ranch shall receive one affordable housing credit for each lot provided to its employees pursuant to its Employee Land Benefit Program, under the following criteria: Parker Ranch 2020 Project Housing Plan June 18, 2000 Page No. 5 i. That the employee's household income shall not exceed the prevailing income criterion for an affordable home, up to a maximum of 140% of median income, as determined by HCDC and the County of Hawaii. ii. That the employee shall receive the lot and pay its portion of the costs of improvements. iii. That the purchase price for the lot shall be the fair market value of the land which shall be partially forgiven at the rate of 5% of the fair market value of the land, set at the time of closing on the purchase, for each year the employee works full time for Parker Ranch in excess of the initial five (5) year period of service, or as may be adjusted by Parker Ranch. iv. That the lot may be within the Parker Ranch 2020 project area or on other lands Parker Ranch owns or develops for the purpose of providing lots for its eligible employees. V. That Parker Ranch provide verification that the employee's household income is within the prevailing income criterion for an affordable home which shall not exceed 140% of median household income as determined by HCDC and the County of Hawaii. The income verification shall be in a form as required by the Office of Housing and Community Development. B. Donation of Land and/or In-Lieu Cash Contribution. Parker Ranch may provide land, an in-lieu cash contribution, or any combination thereof, as approved by the County of Hawaii Office of Housing and Community Development in full or partial satisfaction of the affordable housing conditions. Parker Ranch shall receive credit against its affordable housing requirement in the amount of $4,720 per affordable unit or as may be adjusted by the County Housing Agency pursuant to Ordinance No. 98-1. Should land be contributed, it shall be valued at its fair market value as determined by an independent appraiser as may be mutually agreed to by Parker Ranch and the County. The amount of affordable housing credit shall be the total valuation divided by the in-lieu amount of $4,720 per affordable unit or as may be adjusted by the County Housing Agency pursuant to Ordinance No.98-1. Parker Ranch 2020 Project Housing Plan June 18, 2000 Page No. 6 C. Waimea Elderly Housing Project Parker Ranch contributed approximately 4.7 acres of land used in the development of the Waimea Elderly Housing Project completed in 1995, which provides housing opportunities forlow income elderly residents utilizing the U.S. Department of Housing and Urban Development 202 Housing Program funds. In accordance with the provision of Ordinance No. 98-1, Parker Ranch shall receive either the provision of affordable housing units on the subject property, or the amount of land as determined by an assessment of value of that contribution. Based on an appraisal of the value of land when it was donated to the County, the estimated value of the property in 1992 was $500,000. See attached Land Appraisal Report prepared by Bill M. Brodbeck, MAI, CGA, dated November 10, 1999. Based on this appraisal, Parker Ranch shall received a total of 105 affordable Housing Credits which can be applied toward the Affordable Housing requirements of the Parker Ranch 2020 Project and other Parker Ranch projects in the Waimea area. This is based on a value of $4,720 per affordable unit required. D. Other Programs Parker Ranch may satisfy its affordable housing requirements through any other means or programs which are approved by the County Housing Agency. Parker Ranch 2020 Project Housing Plan June 18, 2000 Page No. 7