HomeMy WebLinkAboutBIL 156 Draft 03 2004-2006 ~f I`?My-4
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. Is6
(Draft 3)
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11 (HOUSING), ARTICLE 1, SECTION 11-4(D),
HAWAII 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) cleazly states that a policy of the County of Hawaii shall be that "lazge
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 aze, in
fact, lazge 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 11 (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 11-4. 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.
~r a' 'a ~ ...a,....-~~~ ~~•~-~-w~~^ ^ ~r~¦~~a] Rezonines to ML, MG, or MCX
with a potential to generate 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 job ¢eneration
shall be assumed to be ten full-time eauivalent jobs per acre to determine
whether subsequent development within the rezoned area must satisfy an
affordable housing requirement At the time of plan approval, pursuant to
section 11-9(b) the affordable housing requirement shall be based upon ten full-
time equivalent iobs per acre or one per 1 000 square feet of gross floor azea
whichever is greater provided that the administrator, after consultation with the
planning director, shall adjust the number of jobs based on proof that the actual
number of iobs created will deviate from this standard. and provided that in that
case, the affordable housing requirement shall be reassessed if the use is
changed. The applicant may also satisfy the affordable housing requirement at
the time of final subdivision approval for all or a portion of the lots created
within the rezoned area, provided that in that case, the applicant shall be
required to earn one affordable housing credit for every ten full-time equivalent
iobs 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.
INTRODUCED BY:
COUNCIL M ~M ER, C Y OF AWAIT
Hawai' i
Date of Introduction:
Date of 1st Readi~
Date of 2nd Reading:
Effective Date:
REFERENCFs Comm. 200.8
2