HomeMy WebLinkAboutORD 2005-111 2004-2006 COUNTY OF HAWAII - STATE OF HAWAII
BILL NO. io9
ORDINANCE NO. 11~.
AN ORDINANCE AMENDING CHAPTER 11 OF THE HAWAII COUNTY CODE 1983
(1995 EDITION), AS AMENDED, RELATING TO AFFORDABLE HOUSING BY
AMENDING SECTIONS 11-3(3), 11-4(a)(2), 11-15(e), AND SECTION 11-5(c).
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 11, article 1, section 11-3(3), Hawaii County Code 1983 (1995
edition), as amended, is amended to read as follows:
(3) "Fifteen mile radius" means the distance from the site in
question as measured in [.°°a • a:_°°'
rexte] a straight line from the boundary of the parcel beinK
rezoned;
SECTION 2. Chapter 11, article 1, section 11-4(a)(2) is amended to read as follows:
(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 are less
than five acres, and CG, CV, CN and PD districts when
residential uses are established in those districts.
(2) All new rezonings to resort, including hotels established in
V CV, CG, CDH or PD districts;
SECTION 3. CHAPTER 11, article 1, section 11-5(c), Hawai'i County Code 1983 (1995
edition), as amended, is hereby amended to read as follows by adding a new subsection (10):
(C) (10) Donation of land to anon-profit corporation or governmental
aAency for construction of for-sale housing units affordable for
qualified households earnine no more than 80% of the median, or
construction of for-rent housing units affordable for qualified
households earning no more than 60% of the median, subiect to the
approval of the administrator of the feasibility, location, and type
of proiect. After the approval of the administrator, the credits are
earned upon the donation of the land: 1.0 credit per unit.
SECTION 4. Chapter 11, article 1, section 11-15(e) of the Hawaii County Code (1995
edition), as amended, is amended to read as follows:
Section 11-15. Transfer of Excess Credits.
(e) If the project applying for the excess credits was developed with a
direct subsidy from the Federal, state, or county governments, the
administrator shall either (1) discount the excess credits earned by
the value of the subsidy, or (2) require that the Agency or other
public entity subsidizing the project share equitably in the proceeds
from the transfer of the excess credits. If the proiect was developed
by anon-profit corporation and sold to qualified households
earning not more than 80% of the median, or rented to qualified
households earning not more than 60% of the median, the discount
shall not exceed 50% of the credits. The administrator may waive
these requirements if the project earning the excess credits
addresses a critical housing need and the excess credits, in addition
to the direct subsidy, are or were a necessary inducement to the
construction of the project, or if the excess credits are earned by a
non-profit entity that will use the proceeds for the construction of
more affordable housing.
SECTION 5. Material to be repealed is bracketed and stricken. New material is
underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need
not be included.
SECTION 6. If any provision of this ordinance or the application thereof to any person
or circumstances is held invalid, such invalidity shall not affect other provisions or application of
this ordinance which can be given effect without the invalid provision or application, and to this
end, the provisions of this ordinance are declared to be severable.
SECTION 7. This ordinance shall take effect upon its approval.
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SECTION 8. The Clerk of the County of Hawaii is directed to insert the effective date
of this ordinance in any section of the County Code which requires reference to this date.
LhITRODUCED $Y:
C
COUNCIL M$M ER, C OF HA AI'I
r
Hilo ,Hawaii
Date of Introduction: June 1, 2005
Date of 1st Reading: June 1, 2005
Date of 2nd Reading: July 7, 2005
Effective Date: July 13, 2005
R~F'~iii=MSG:: Lomm. 72.25
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3
OFFICE OF THE COUNTY CLERK
County of Hawaii
xilo, Hawaii
Introduced By: Pete Hoffmann ROLL CALL VOTE
Datelntroduced: June 1, 2005 AYES NOES ABS EX
First Reading: June 1, 2005 Arakaki ~ X
Published: June 12, 2005 Higa X
Hoffmann X
REMARKS: Holschuh X
Postponed - June 15, 2005 Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik X
9 0 0 0
Second Reading: July 7, 2005
To Mayor: July 8, 2005 ROLL CALL VOTE
Returned: July 14, 2005 AYES NOES ABS EX
Effective: July 13, 2005 Arakaki X
Published: July 20, 2005 Higa X
Hoffmann X
REMARKS: Holschuh X
Ikeda X
Isbell X
Jacobson X
Pilago X
Safarik X
9 0 0 0
I DO HEREBYCERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPROVED AS TO ~z~~~
FORM AND LEGALITY:
7 ~ i ~ COUNGL CHAIRMAN
DEPUTY CORPORATION COUNSEL //,Y(~GE ~~~alil
COUNTY OF HAWAII tom/
rat COUNTY CLERK
Date I ~ , ~ ~ /
109
Bill No.:
C-72.25/CHA
~ Reference:
Approve isapprovedthis 13 day
a J~ ,20~_, OrdNo.: 1.1..1E
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ACTINC3~'IAYOR, COUNTY OFHAWAI`1