HomeMy WebLinkAboutBIL 156 Draft 05 2004-2006 tv w
COUNTY OF HAWAII STATE OF HAWAII
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BILL NO. 156
(Draft 5)
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. 05-25) 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 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:
"(d) Requirements for industrial uses.
The industrial uses that must fulfill the affordable housing requirements
are 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.
Credits Required.
Individual industrial enterprises generating 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.
Rezonings to ML, MG, or MCX, approved after (the effective
date of this ordinance) with a potential to senerate more than
one hundred employees on a full-time equivalent basis must
earn one affordable housine credit for every four full-time
equivalent fobs created.
At the time of rezoniny, the potential iob veneration shall
be assumed to be ten full-time equivalent iobs per acre to
determine whether subsequent development within the
rezoned area must satisfy an affordable housiny
requirement.
ii At the time of plan approval, pursuant to section 11-9(b),
the affordable housiny requirement shall be based upon
ten full-time equivalent iobs per acre, or one per 1,000
square feet of yross floor azea, whichever is yreater,
provided that the administrator, after consultation with
the planniny director, shall adiust the number of iobs
based on proof that the actual number of iobs created will
deviate from this standazd, and provided that in that case,
the affordable housiny requirement shall be reassessed if
the use is chanyed.
iii The applicant may also satisfy the affordable housiny
requirement at the time of final subdivision approval for
all or a portion of the lots created within the rezoned azea,
provided that in that case, the applicant shall be required
to earn one affordable housiny credit for every ten full-
time equivalent iobs created, based on ten full-time
equivalent iobs per acre.
iv When an applicant presents its plan for satisfvinv an
affordable housing requirement, it shall have an
opportunity to demonstrate that current economic and
housiny conditions in the reyion surroundiny its
development do not warrant the imposition of the above-
stated yeneralized requirements. The County housiny
ayency shall consider such conditions in determininy
whether lesser requirements aze warranted because of a
lower demand created by that particulaz development or
because of sufficient supply in the area. The County
housiny ayencv shall also take into account the extent to
which the imposition of these requirements on private
industrial developments and not upon exempted State
industrial lands that may create an unequal competitive
situation for new development."
SECTION 3. Upon passage of this ordinance, the Revisor of Ordinances shall insert in
section 11-4(d)(2)(B), the effective calendar date of this ordinance in place of the phrase "(the
effective date of this ordinance)."
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SECTION 4. 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 declazed to be severable.
SECTION 5. New material is underscored. In printing this ordinance, the underscoring
need not be included.
SECTION 6. This ordinance shall take effect on its approval.
INTRODUCED BY:
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CO L MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of ls` Reading:
Date of 2nd Reading:
Effective Date:
iZEFER=tvCi: Comm. 200.30
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