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Home My WebLink About2025-08-21 PD PowerPoint Presentation (PL-REZ-2025-000080) HAWAII ISLAND COMMUNITY DEVELOPMENT CORPORATION AMENDMENT TO CHANGE OF ZONE ORDINANCE NO. 24 37 ( PL-REZ-2025-000080/AMEND PL-REZ-2023-000054) Kepuhi Point Upolu Point �Irlr Lokaht Garden Sanctuary Q -- (Farm Tours and - • --)gdom Halt of` .,':'lJJah S Witness _. Aina pono Fer:.TsQ A Kohala High Mahukona-Multi Rd Fv Haw] 7 :_ P.11 o� ,. onal�Ziohre T3 t3 K3I-el`3'11�h3 P3'I. Kapaau = Go gle PROPOSED DEVELOPMENT: ■ THE NEXT PHASES OF THE KUMAKUA SELF HELP HOUSING PROJECT w INCLUDE A PROPOSED SUBDIVISION CONSISTING OF 32,, 1 O,000 � SQUARE-FOOT MINIMUM HOUSE LOTS, ONE 8. 12-ACRE BULK LOT, 0 AND A ROAD LOT. j w ■ THE FIRST TWO PHASES INCLUDED THE CONSTRUCTION OF 44 SELF Q w HELP HOMES . O O iAq^pal w m.�x♦:w � A4 1� Om nj 11 PO C O o R T T°�°-��°e A P P L I C A i!U 1 Fv.m— IIIIqA 22 1 ha P, i. i 1 e, 1 Rw9Qa J. e 12 1. N tr' — zp� LOT 8Fl 3 r—� n r' xaL01 w — .. 1 LOT ) -ell—_�L •,.^ ; i e l 'I, 3 0 �kv ) 14P r 17 1 PRELIMINARY PLAT i r R E`e i � J ��-', � KUMAKUA AFFORDABLE HOUSING � w PHASE III CONSOUMATION OF WT 4 A 4 OF KUMASL'A AFFORDABLE HOUSING-PEASE E . AND LOTS 371 AND 372 AS SHOTN ON YAP 82 { r OF LAND COURT APPLICATIOR 1129 w SAVING DWCO COURT Snti'PV.RA . �" •� FROM LAND COURT SYOTBM LW A REDESIGNATED A9 LOTS 371 AND 372.RESPECTIVELY AND R95UNDM51ON OF SAID COYSOUVAT10N •C - °+ a a . DIM LOTS t TO 34 MCIVIlVa",,AND 6OT A , BRING PORTIONS OF GRANT 2106 TO WAt; GRANT 741 TO PULAA; 04 p - r xq 1 ROYAL PATENT 7794. LAND COMMISSION AWARD 10911 TO LX; '+. 11ll ROYAL PATENT 7579• NODS: IECENO: ]AND COMMISSION AWARD 10147 TO YII.IYA- AND GRANT 2760 TO EAAUA; a wsrrF.•rna rwa•.ware ____ m.`w.a.wm un ,...w M•�,« AREA=19.317 AC. .u>ws mm..a ro �IPw SIT'OATED AT PAHOA,NORTH EOIIAIA. mwm ®'m uww`we.w°xyi• ISLAND OF HAWAH,BAWAN OWNER TRY HeWNI ISUM C0IWIIIY pEYELOPMPM[pRPOR4T[N 7vex SPE 0➢CPESS HMI,HMPII 98)lp THE APPLICANT IS REQUESTING: ■ AMENDMENTS TO CONDITION K (AFFORDABLE HOUSING) AND CONDITION I FAIR SHARE CONTRIBUTION) OF CHANGE OF ZONE ORDINANCE NO. 24 37 WHICH WAS APPROVED IN 2024 TO GRANT A TIME EXTENSION FOR THE APPLICANT TO SECURE FINAL SUBDIVISION APPROVAL. THE PROPOSED AMENDMENT LANGUAGE IS AS FOLLOWS: V) Lu ■ CONDITION K: [ 0 W _V) APPRG\ A 1 GF A AIV DGRT GAl GF TLJC DD/l I GT] TO ENSURE THAT THE GOALS AND POLICIES OF THE HOUSING ELEMENT OF THE GENERAL PLAN ARE IMPLEMENTED, THE APPLICANT SHALL COMPLY WITH THE REQUIREMENTS OF Z CHAPTER 11, ARTICLE 1, HAWAI`I COUNTY CODE RELATING TO AFFORDABLE HOUSING POLICY. THIS Q REQUIREMENT SHALL BE APPROVED BY THE ADMINISTRATOR OF THE OFFICE OF HOUSING AND COMMUNITY U DEVELOPMENT AS EVIDENCED BY AN EXECUTED AND RECORDED AFFORDABLE HOUSING AGREEMENT WHICH J SHALL BE PROVIDED TO THE PLANNING DEPARTMENT BY THE APPLICANT PRIOR TO FINAL SUBDIVISION APPROVAL. 0L FAIR SHARE REQUIREMENTS UNDER CONDITION I SHALL BE CONDITIONALLY WAIVED FOR AFFORDABLE HOUSING UNITS OR LOTS, IF THE APPLICANT EXECUTES AN AFFORDABLE HOUSING AGREEMENT TO PROVIDE FIFTY (50) TO ONE HUNDRED ( 100) PERCENT OF THE DEVELOPMENT AS AFFORDABLE HOUSING UNITS OR LOTS. IF THE AFFORDABLE HOUSING UNITS OR LOTS ARE NOT PRODUCED AND SOLD OR RENTED IN ACCORDANCE WITH THE AFFORDABLE HOUSING AGREEMENT, ANY FAIR SHARE REQUIREMENTS UNDER CONDITION I THAT WERE WAIVED WILL BECOME DUE AND PAYABLE. ■ CONDITION I: SHOULD THE APPLICANT DEVELOP RESIDENTIAL LOTS ON THE SUBJECT PROPERTY, THE [;HE-] APPLICANT SHALL MAKE ITS FAIR SHARE CONTRIBUTION TO MITIGATE THE POTENTIAL REGIONAL IMPACTS OF THE PROPERTY WITH RESPECT TO PARKS AND RECREATION, FIRE, POLICE, SOLID WASTE DISPOSAL FACILITIES AND ROADS. THE FAIR SHARE CONTRIBUTION SHALL BECOME DUE AND PAYABLE PRIOR TO RECEIPT OF FINAL SUBDIVISION APPROVAL. THE FAIR SHARE CONTRIBUTION FOR EACH LOT SHALL BE BASED ON THE NUMBER OF LOTS DEVELOPED. THE FAIR SHARE CONTRIBUTION MAY BE ADJUSTED ANNUALLY BEGINNING THREE YEARS AFTER THE uj EFFECTIVE DATE OF THIS ORDINANCE, BASED ON THE PERCENTAGE CHANGE IN THE HONOLULU CONSUMER PRICE INDEX (HCPI). THE FAIR SHARE CONTRIBUTION SHALL HAVE A MAXIMUM COMBINED VALUE OF $ 16,641. 15 PER 0 SINGLE FAMILY RESIDENTIAL LOT. THE FAIR SHARE CONTRIBUTION PER SINGLE FAMILY RESIDENTIAL LOT SHALL BE LLI ALLOCATED AS FOLLOWS: Q� I. $8,024.66 PER SINGLE FAMILY RESIDENTIAL LOT TO THE COUNTY TO SUPPORT PARK AND RECREATIONAL V) IMPROVEMENTS AND FACILITIES; 2. $387. 11 PER SINGLE FAMILY RESIDENTIAL LOT TO THE COUNTY TO SUPPORT POLICE FACILITIES; z 3. $764.59 PER SINGLE FAMILY RESIDENTIAL LOT TO THE COUNTY TO SUPPORT FIRE FACILITIES; Q 4. $334.75 PER SINGLE FAMILY RESIDENTIAL LOT TO THE COUNTY TO SUPPORT SOLID WASTE FACILITIES; AND U 5. $7, 130.04 PER SINGLE FAMILY RESIDENTIAL LOT TO THE COUNTY TO SUPPORT ROAD AND TRAFFIC J IMPROVEMENTS. IN LIEU OF PAYING THE FAIR SHARE CONTRIBUTION, THE APPLICANT MAY CONTRIBUTE LAND AND/OR CONSTRUCT IMPROVEMENTS/FACILITIES RELATED TO PARKS AND RECREATION, FIRE, POLICE, SOLID WASTE DISPOSAL FACILITIES Q AND ROADS WITHIN THE REGION IMPACTED BY THE PROPOSED DEVELOPMENT, SUBJECT TO THE REVIEW AND RECOMMENDATION OF THE PLANNING DIRECTOR, UPON CONSULTATION WITH THE APPROPRIATE/A�-G(�E L'�L�NCIES AND APPROVAL OF THE COUNTY COUNCIL. [THIS GGP49 4GN SHALL niter n PP v TG ANY i SELF HELP' LGTS!NG ] REASONS FOR THE REQUEST ■ THE PURPOSE OF THESE AMENDMENTS IS TO ALLOW HICDC TO UTILIZE COH AFFORDABLE HOUSING PRODUCTION PROGRAM (AHP) TO HELP DEVELOP THE FINAL PHASES OF THE ` KUMAKUA SELF HELP HOUSING' PROJECT. V) Lu ■ THE AHP WAS CREATED IN 2022 VIA AN AMENDMENT TO CHAPTER 1 1 (HOUSING) OF THE HAWAI`I COUNTY CODE, WHICH APPROPRIATES AT LEAST $5 MILLION ANNUALLY THE C) Lu COUNTY OFFICE OF HOUSING AND COMMUNITY DEVELOPMENT (OHCD) TO FACILITATE D� PROGRAMS THAT SUPPORT AFFORDABLE HOUSING PRODUCTION. V) ■ IN ITS 2023 REZONE AMENDMENT APPLICATION, HICDC COMMITTED TO DEDICATING 32 OF z THE 33 PLANNED LOTS FOR AFFORDABLE HOUSING AND THIS COMMITMENT WAS FORMALIZED Q IN CONDITION K OF THE SUBJECT REZONE ORDINANCE. U J ■ AT THE TIME OF THE 2023 AMENDMENT, NEITHER THE APPLICANT NOR THE PLANNING CL DEPARTMENT WERE AWARE THAT THIS CONDITION LANGUAGE CONFLICTS WITH THE AHP'S Q FUNDING RULES. SPECIFICALLY, SECTION 3-5(6) (B) OF THE AHP ADMINISTRATIVE RULES STATES: "THE AFFORDABLE HOUSING UNITS REQUIRED BY RECEIPT OF PROGRAM FUNDS SHALL NOT BE USED TO FULFILL ANY OTHER OBLIGATION FOR AFFORDABLE HOUSING UNITS AS REQUIRED BY LAW OR OTHER SUBSIDY OBLIGATIONS. " REASONS FOR THE REQUEST ■ DUE TO THIS PROVISION, HICDC IS CURRENTLY UNABLE TO APPLY AHP FUNDS TOWARD THE 32 LOTS MANDATED BY CONDITION K, SINCE THOSE LOTS ARE BEING USED TO MEET A ZONING ORDINANCE CONDITION. W ■ TO RESOLVE THIS CONFLICT, THE PLANNING DEPARTMENT COLLABORATED WITH OHCD TO C) DEVELOP STANDARD AFFORDABLE HOUSING CONDITION LANGUAGE THAT ALIGNS WITH AHP uj RULES AND ENCOURAGES THE DEVELOPMENT OF ADDITIONAL AFFORDABLE HOUSING D� LOTS/UNITS BY OFFERING INCENTIVES, SUCH AS RELIEF FROM FAIR SHARE REQUIREMENTS, IN V) RETURN FOR VOLUNTARILY PROVIDED AFFORDABLE UNITS WELL BEYOND THE 20 REQUIRED BY ~ z HOUSING CODE. THE PROPOSED AMENDMENTS ARE CONSISTENT WITH THE NEW STANDARD Q CONDITION LANGUAGE AND SATISFY THE INTENT OF THE ORIGINAL CONDITION K, WHICH IS U TO CREATE A SIGNIFICANT NUMBER OF AFFORDABLE LOTS. J n Q z ■ THE PLANNING DIRECTOR RECOMMENDS ONE MODIFICATION TO CONDITION I: REMOVAL OF THE APPLICANTS' PROPOSED INTRODUCTORY CLAUSE, WHICH STATES: Q U ■ "SHOULD THE APPLICANT DEVELOP RESIDENTIAL LOTS ON THE SUBJECT PROPERTY, THE [T44€] . . . ". O ■ THIS CONDITIONAL PHRASING IS MORE APPROPRIATE IN THE CONTEXT OF COMMERCIAL ZONING, WHERE RESIDENTIAL DEVELOPMENT IS PERMITTED BUT NOT z REQUIRED. HOWEVER, BECAUSE THE SUBJECT PROPERTY IS ZONED SINGLE-FAMILY RESIDENTIAL (RS-7.5 AND RS- 10), THE CREATION OF RESIDENTIAL LOTS IS AN EXPECTED OUTCOME. AS SUCH, THE INCLUSION OF THIS QUALIFYING LANGUAGE IS Z UNNECESSARY. O U Z PLANNING DIRECTOR'S RECOMMENDATION O 4 FAVORABLE RECOMMENDATION uj :�i ON AMENDMENT REQUESTS WITH STATED :�i MODIFICATION TO CONDITION I � w V) ry ry U w