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Home My WebLink AboutBIL 112 Draft 01 2006-2008OFFICE OF THE COUNTY CLERK County of Hawaii Hilo , Hawaii [ntroducedBy: Pete Hoffmann Date Introduced: First Reading: Published: REMARKS 8/22/07 - Mayor's veto sustained (the motion to reconsider Bill 112 failed) 8/1/07 - Mayor's veto Second Reading: To Mayor: Returned: Effective: Published REMARKS: ROLL CALL VOTE AYES NOES ABS EX Ford X Higa X Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 4 5 0 0 ROLL CALL VOTE AYES NOES ABS EX Ford Higa Hoffmann Ikeda 7acobson Naeole Pilago Yagong Yoshimoto I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM AND LEGALITY: COUNCIL CHAIRMAN DEPUTY CORPORATION COUNSEL COUNTY OF HAWAII Date Approved/Disapproved[his of , 20 COUNTY CLERK 112 Bill No.: Reference: C-465/CHA day Ord No.: MAYOR, COUNTY OF HAWAI `I OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: Date Introduced: First Reading: Published: Pete Hoffmann June 20, 2007 June 20, 2007 June 29. 2007 REMARKS: Second Reading: July 10, 2007 To Mayor: July 18, 2007 Returned: Effective: Published: REMARKS: RK:Eitlti3 $Ime_.~:~..~! . g _.~ Dan-•---•- -Frl°!~°-~-----..~ Count' Gountll ROLL CALL VOTE AYES NOES ABS EX Ford X Higa X Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 9 0 0 0 ROLL CALL VOTE AYES NOES ABS EX Ford X Higa X Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 5 3 1 0 I DO HEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as indicated ahove. r~~c~ l ~1 APPROVED AS TO FORMGALIG/ ~Y: DEPUTY CORPORATION COUNSEL COUNTY OF AWAIT Date ~ ~'% ~ Approve Disapprove [his ~ ~ of A u.5~ .20~. (\.1~~~ G~'`~~ ~1~LAYOR, COUNTY OFHAWAI7 ~,fidt ~ L.,. ~w COUNT~CLERK 112 Bill No.: Reference: C-465 day Ord No.: COUNTY OF HAWAII STATE OF HAWAII BILL NO. 112 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 11, ARTICLE 1 OF THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING TO AFFORDABLE HOUSING BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Purpose. The purpose of this bill is to extend the requirements for affordable housing to properties which are being subdivided or developed under plan approval, in cases where the property was zoned without specific affordable housing requirements. The council finds that the lack of affordable housing for persons of low and moderate income is causing severe financial hazdship to residents of the island, causes a shortage of workers for many businesses, causes long-distance commuting from areas with more affordable housing to employment centers, thereby increasing traffic congestion, and increasing the risk of death and injury from traffic accidents, and other problems, a12 adversely affecting the health, safety, and welfaze of the residents of the county. Although a large number of new homes have been built on the island in the last few years, there is a shortage of homes for people of low and moderate income, because of strong demand for homes from more affluent second-home buyers and retirees. Much development has occurred on sites that were zoned prior to affordable housing requirements, and hence, under the current housing ordinance, does not have to include affordable housing. The council finds that in order to achieve the goals for affordable housing in the General Plan it is necessary to require affordable housing under Chap. 11 for new subdivisions, condominiums, and for new multi-family buildings, and multiple single-family residences built on a lot, which aze required to obtain plan approval. The council also finds that it is typical on the U.S. Mainland that inclusionary zoning laws, such as Chap. 11, apply to new subdivisions and multi-family developments even when not specifically required by the zoning ordinance which applies to the property. To avoid a double assessment of affordable housing requirements, it is necessary, however, to exempt subdivisions, condominiums, and plan approvals that aze contained within projects that previously had affordable housing conditions that were fully satisfied at an earlier time. SECTION 2. Section 11-4, Hawaii County Code, subsection (a) is hereby amended to read as follows: "Section 11-4. Affordable housing requirements. (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 aze less than five acres, and to 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; (3) All new rezonings to ML, MG, and MCX districts; (4) All prior rezoning actions which contain affordable housing conditions that have not been satisfied as of the effective date of this ordinance, or to which the County has not agreed previously as to the specific means of satisfying the requirements[.]; (5) All final subdivision approvals creating additional lots where residential uses aze allowed including farm dwellings where the additional lots aze less than five acres in size; (6) All final man annrovals for a condominium property regime where residential uses are allowed including farm dwellings, and the units are less than five acres in size; and (7) All plan annrovals for buildings which allow residential uses. " SECTION 3. Section 11-4, Hawaii County Code, is hereby amended by adding a new subsection (e) to read as follows: "(e) To prevent a developer from avoiding the affordable housing requirements by developing in increments of less than five units all residential units or lots created on a lot existing on the effective date of this ordinance shall be included in determining the affordable housing requirements." SECTION 4. Section 11-9, subsection (a), Hawaii County Code, is hereby amended to read as follows: "Section 11-9 Sale of lots and units. (a) Before obtaining final subdivision approval final man approval for a condominium pronerty regime, or plan approval for any for-sale residential project subject to the affordable housing requirements, the applicant shall enter into an agreement with the County that the required number of number of homes or lots will be sold at the required affordable sales price, or that the required number of rental units will be offered for rent at the affordable rental price, or that the in-lieu fee will be paid upon the sale of each for-sale dwelling unit or lot, or that the applicant will obtain excess credits sufficient to satisfy its requirements." SECTION 5. Section 11-17, Hawaii County Code, is hereby amended by adding a new subsection to read as follows: "Section 11-17. Effect on existing requirements. ~ This policy supersedes all previous affordable housing requirements and Hawaii County Housing Agency Resolution 65 dated May 2, 1990 and Ordinance 98-1. Any affordable housing condition or portion thereof in any prior rezoning ordinance which has not been fully satisfied as of the effective date of this policy shall be reassessed pursuant to this policy unless the County has previously agreed as to the specific means of satisfying the requirements, in which case, this amended policy shall apply only to the extent it is not inconsistent with the agreement. In no event shall the County of Hawaii reimburse or be obligated to reimburse any person or entity for the partial or full satisfaction of an affordable housing condition in any ordinance which became effective prior to the effective date of this policy. (b) The requirements in sec. 11-4(a)(51-(7) shall not apply to any subdivision or preliminary map for a condominium propertyreQime which had received tentative approval as of the effective date of this ordinance, or to any plan approval for which the application had been received and acknowledged as complete prior to the effective date of this ordinance, except for those which had an affordable housing requirement under sec. 11-4(a)(1-4)or to any subdivision, condominium property regime, or plan approval within an area which had affordable housing requirements that had previously been fully satisfied. SECTION 6. 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 7. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity does 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 8. This ordinance shall take effect upon its approval. SECTION 9. 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. Countytif Hawai' i Hilo ,Hawaii Date of Introduction: June 20 , Date ofls`Reading: ne 20, 2007 Date oft"d Reading: July 10, 2007 Effective Date: REFERENCE: Comm. 465