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Home My WebLink AboutORD 2007-110 2006-2008 ~v w COUNTY OF HAWAII STATE OF HAWAII •••,j'•'OI N~~" BILL NO. ls6 (DRAFT 6) ORDINANCE NO. 07 110 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 aze 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: "(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. l~ 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. Rezonincs to ML, MG, or MCX, approved after (the effective date of this ordinance) 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. THIS WILL VERIFY THAT TWO-THIRDS OF THE MFS7BERSHIP OF THE HAWAII COUNi'Y OJUNCIL WTID TD OVERRIDE VEi'O ON(BILL/~Jls6, D 6. C At the time of rezoniny, the potential iob veneration shall be assumed to be ten full-time equivalent jobs per acre to determine whether subsequent development within the rezoned azea must satisfv an affordable housiny 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 eauivalent iobs per acre, or one per 1,000 9uaze feet of yross floor azea, whichever is yreater, ,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 housing requirement shall be reassessed if the use is changed. iii The applicant may also satisfv the 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 housinv credit for every ten full- time eauivalent jobs created, based on ten full-time etc uivalent iobs per acre. iv Hawaii County Council Districts 2, 3, 4, and 5 would be exemut from inclusion in Chapter 11, Article 1, Section 1-4(d), until such time that either the Hawaii County Council or the Hawaii County Plazminy Director deem their inclusion necessary and a Resolution statin sg uch 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 aze declazed 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 Hilo , Hawaii Date of Introduction: November 9, 2005 Date of ls` Reading: March 9, 2007 Date oft"d Reading: July 10, 2007 Effective Date: August 22, 2007 REFERCh1CF: Comm. 2.46 -3- OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Introduced By: ROLL CALL VOTE Date Introduced: AYES NOES ABS X First Reading: Ford Published: Higa KENIARKS. Hoffinann Ikeda Jacobson Naeole Pilago Yagong Override vote: Yos ' oto Secortd•iteacfirrg August 22, 2007 To Mayor. N/A Returned: August 1, 2007 ROLL CALL VOTE I`.ttective: August 22, 2007 AYES NOES ABS EX Published: September 7, 2007 Ford X REMARKS: Higa X Reconsidered -August 22, 2007 Hoffmann X Ikeda X Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 6 3 0 0 1 UO fIEREBYC'ERTIFY that the foregoing BILL was adopted by the Coun l published as indicated above. APPROVED AS TO FORM AND LEGALITY: COUNCIL C IRMAN DEPUTY CORPORATION COUNSEL ~ ~~~~'^~t-=tii COUNTY OF HAWAII COUNTY CLER~ Date BiIINo: 156 (Draft 6)(2004-2006) C-200.46/PC-36 Reference: .-Ipprovcd/Disapproved this day ~S~ Ord No.: , 20 ti7,4YOR, COUNTY OFHAWA77 21=f:r:PJe{9 OFFICE OF THE COUNTY CLERK pole-____~o/[~~ County of Hawaii Coum7C GWMH Hilo, Hawaii (Draft 2 Introduced By: Dominic Yagong ROLL CALL VOTE Datelntroduced: November 9, 2005 AYES NOES ABS EX First Reading: March 9, 2007 Ford X Published: N/A Higa X REMARKS: November 9 & December 7, 2005 - Hoffmann X Postponed; March 21, April 4 & 18, 2007 - Ikeda X Held over (Council Rule 26(e); Jacobson X May 2, 2007 - Filed; May 16, 2007 - Naeole X Reconsidered; June 1, 2007 - held over pilago X pursuant to Council Rule 11-9(b); Yagong X June 20, 2007 - Held over pursuant to Yoshimoto X Council Rule 25 (e) 8 0 1 0 Second Reading: July 10, 2007 ROLL CALL VOTE To Mayor: July 18, 2007 AYES NOES ABS EX Returned: August 1, 2007 Ford X Effective: ~~au~t 22, 2007 Higa X Published: N/A Hoffmann X REMARKS: Ikeda X Mayor Veto -August 1, 2007 Jacobson X Naeole X Pilago X Yagong X Yoshimoto X 6 2 1 0 I DO HEREBYCERTIFYthat the foregoing BILL was adopted by the County Council published as indicated above. APPROVED AS TO FORM ND LEGALITY• COUNCIL C A/ N DEP TY CORP RATION COUNSEL COUNTY OF HAWAII COUN C ERK Date 0 ~ Bill No.: 156 (Draft 6) (2004-2006) C-200.46/PC-36 Approve isapprove [his ~ $L- day Reference: Ord No.: uJ~ A'ttbt USA , 20 c"1 YOR, C ~TY OF HAWAI `I ORDINANCE NO. 07-110 (Bill 156, Draft 6) AN ORDINANCE AMENDING CHAPTER 11 (HOUSING), ARTICLE 1, SECTION 11-4(D), HAWAI`I COUNTY CODE 1983 (2005 EDITION), TO INCLUDE AFFORDABLE HOUSING REQUIREMENTS FOR INDUSTRIAL PARK DEVELOPMENTS. Date Approved: August 22, 2007 Date Effective: August 22, 2007 Copies of the forgoing ordinance, in full, are on file in the Office of the County Clerk for use and examination by the public. *+*r*r*~*+*+ I hereby certify that Ordinance Bill 156, Draft 6, passed upon reconsideration after veto, pursuant to Section 3-12, County Charter, County of Hawaii, at the meeting of the County Council on August 22, 2007, by the following "aye" and "no" vote: AYES: Council Members Ford, Higa, Jacobson, Pilago, Yagong, and Hoffmann - 6. NOES: Council Members Ikeda, Naeole, and Yoshimoto - 3. COUNTY C~,ERK COUNTY OF HAWAII Hawaii Tribune-Herald: September 7, 2007 West Hawaii Today: September 7, 2007