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HomeMy WebLinkAboutBIL 156 Draft 02 2004-2006 YY OI~ ~L~ COUNTY OF HAWAII STATE OF HAWAII '••.r ~~Ol~M~Y`' BILL NO. 156 (Draft 2) ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11 (HOUSING), ARTICLE 1, SECTION 11-4(D), HAWAFI COUNTY CODE 1983 (2005 EDITION), TO INCLUDE AFFORDABLE HOUSING REQUIREMENTS FOR INDUSTRIAL PARK DEVELOPMENTS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. The Housing Element of the Hawaii County General Plan (enacted as Ordinance No. OS-25) clearly states that a policy of the County of Hawaii shall be that "large industries or developments that create a demand for housing shall provide employee housing based upon a ratio to be determined by an analysis of the locality's needs." The County Council finds that industrial developments which are comprised of multiple individual enterprises are, in fact, large industries which generate substantial employment and demands for employee housing. Therefore, such industrial developments should be subject to the affordable housing requirements articulated in Chapter I 1 (Housing) of the Hawaii County Code. SECTION 2. Chapter 11, article 1, section 11-4(d), Hawai`i County Code 1983 (2005 edition), relating to affordable housing requirements for industrial uses, is amended to read as follows: "Section I1-4. Affordable housing requirements. (d) Requirements for industrial uses. The industrial uses that must fulfill the affordable housing requirements aze any uses allowed as of right in an ML or MG district, except for home improvement centers, and any uses that are also allowed as of right in a CG district. [ ] Rezonings to ML, MG, or MCX with a potential to eng erate more than one hundred employees on a full-time equivalent basis must earn one affordable housing credit for every four full-time equivalent jobs created. At the time of rezoning, the potential iob generation shall be assumed to be ten full-time eauivalentjobs per acre to determine whether subsequent devel~ment within the rezoned area must satisfy an affordable housing requirement. At the time of plan approval, pursuant to section 11-9(bl the affordable housing requirement shall be based upon ten full- time equivalent jobs per acre or one per 1 000 square feet of Bross floor azea whichever is reg ater provided that the administrator after consultation with the planning director shall adjust the number of jobs based on proof that the actual number of jobs created will deviate from this standard and provided that in that case the affordable housine requirement shall be reassessed if the use is chaneed The applicant may also satisfy the affordable housine requirement at the time of final subdivision approval for the rezoned area, provided that in that case the applicant shall be required to earn one affordable housine credit for every ei¢ht full-time equivalent fobs created based on ten full-time equivalent jobs per acre." SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall 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 declared to be severable. SECTION 4. 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 5. This ordinance shall take effect on its approval. RODUCEDrBY: r COUNCIL 'MBER, CO OF H WAIT Hawaii Date of Introduction: ~ Date of 1st Reading: Date of 2nd Reading: Effective Date: RCfi:RvPaig: Comm. 200.4 2