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HomeMy WebLinkAboutBIL 156 Draft 06 2004-2006 w COUNTY OF HAWAII STATE OF HAWAII BILL NO. 156 ( DRAFT' 6 ) 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 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 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. Credits Required. Individual industrial enterprises generating more than one hundred employees on afull-time equivalent basis must earn one affordable housing credit for every four full-time equivalent jobs created. Rezonings to ML MG or MCX, anvroved after (the effective date of this ordinance) with a potentialto ¢enerate more than one hundred emplovees on a full-time euuivalent basis must earn one affordable housine_ credit for every four full-time equivalent iobs created. At the time of rezoning the potential iob Generation shall be assumed to be ten full-time equivalent jobs per acre to determine whether subsequent development within the rezoned area must satisfy an affordable housinG requirement. ii At the time of plan approval pursuant to section 11-9(bl, the affordable housinG requirement shall be based upon ten full-time equivalent iobs der acre, or one per 1,000 ~uaze feet of Gross floor azea, whichever is Greater provided that the administrator, after consultation with the plannine director shall adiust the number of iobs based on kroof that the actual number of iobs created will deviate from this standazd, and provided that in that case, the affordable housinG requirement shall be reassessed if the use is chaneed. iii The applicant may also satisfythe affordable housinG 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 housing credit for every ten full- time equivalent jobs created based on ten full-time ~uivalent iobs per acre. iv Hawaii County Council Districts 2 3, 4, and 5 would be exempt from inclusion in Chapter 11, Article 1, Section >~dl until such time that either the Hawaii County Council or the Hawaii County PlanninG Director deem their inclusion necessary and a Resolution statinG such is passed by the County Council." SECTION 3. Upon passage of this ordinance, the Revisor of Ordinances shall insert in section 11-4(d)(2)(B), the effective calendaz date of this ordinance in place of the phrase "(the effective date of this ordinance)." 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 declared to be severable. SECTION 5. New material is underscored. In printing this ordinance, the underscoring need not be included. -2- SECTION 6. This ordinance shall take effect on its approval. INTRODUCED BY: COUNCIL MEMBE O OF HAWAII Hawaii Date of Introduction: Date of ls` Reading: Date of 2"d Reading: Effective Date: ItEfiRCNG~: Comm. 200.46 -3-