OFFICE OF THE CITY CLERK CITY AND 530 SOUTH HONG Lu LU TELEPHONE (808)

Transcription

1 N: OFFICE OF THE CITY CLERK CITY AND 530 SOUTH HONG Lu LU TELEPHONE (808) COUNTY OF KING STREET HAWAII FAX HON RO 681 (808) OLULU OM VIA AND CITY MESSENGER TO: FROM: KATHY SOKUGAWA, ACTING DIRECTOR DEPARTMENT OF PLANNING AND PERMITTING GLEN TAKAHASHI, CITY CLERK a (-Si ru C) 4 4 fl SUBJECT: NOTICE OF INTRODUCTION OF A RESOLUTION FOR A COUNCIL PROPOSAL TO AMEND THE GENERAL PLAN, THE DEVELOPMENT PLANS, THE ZONING ORDINANCES, OR THE SUBDIVISION ORDINANCE. RESOLUTION entitled: PROPOSING AMENDMENTS TO CHAPTER 21, REVISED ORDINANCES OF HONOLULU 1990 (THE LAND USE ORDINANCE), RELATING TO DEVELOPMENT IN THE APARTMENT AND APARTMENT MIXED USE DISTRICTS TO INCREASE THE SUPPLY OF AFFORDABLE HOUSING, AND REDUCE THE PROLIFERATION OF MONSTER HOMES, was introduced on April 3, 2018 and was referred to the Committee on Zoning and Housing. Pursuant to Ordinance 08-8, a copy of the Resolution is transmitted herewith. Ordinance 08-8 further requires you to promptly stamp the date and time of receipt of this document on this transmittal letter and to notify the Council in writing of the date of receipt. GT:cn Attachment: Resolution COUNCIL COM. 119

2 No RESOLUTION PROPOSING AMENDMENTS TO CHAPTER 21, REVISED ORDINANCES OF HONOLULU 1990 (THE LAND USE ORDINANCE), RELATING TO DEVELOPMENT IN THE APARTMENT AND APARTMENT MIXED USE DISTRICTS TO INCREASE THE SUPPLY OF AFFORDABLE HOUSING, AND REDUCE THE PROLIFERATION OF MONSTER HOMES. WHEREAS, the zoning maps and the Land Use Ordinance ( LUO ) of the City and County of Honolulu ( City ) establish zoning districts and zoning district regulations for the utilization of land in the City pursuant to Section of the Revised Charter of the City and County of Honolulu 1973 (2017 Edition) ( Charter ); and WHEREAS, each zoning district is designated for certain uses and restricted for other uses in order to encourage orderly development in accordance with adopted land use policies, including the Oahu general plan, and the applicable development plans or sustainable community plans, and to promote and protect the public health, safety, and welfare; and WHEREAS, a critical shortage of affordable housing in the City continues to push residents to leave the City for the mainland or into homelessness, and negatively affects the economic prosperity and quality of life for all residents; and WHEREAS, the apartment zoning districts are generally intended for development of multifamily dwelling units, including walk-up and high-rise apartments, and comprise a critical component in the development of affordable housing in the City; and WHEREAS, reducing development restrictions in the A-2, A-3, AMX-2, and AMX 3 districts in order to accommodate more housing in the urban areas of Oahu will help to alleviate the current demand for housing, including affordable housing; and WHEREAS, Charter Section provides that [a]ny revision of or amendment to the zoning ordinances may be proposed by the council and shalt be processed in the same manner as if proposed by the director [of planning and permitting] ; and WHEREAS, the term zoning ordinances, as used in Charter Section , includes both amendments to the LUO and to ordinances designating particular parcels of property in terms of the LUO; and OCS2OI8-0342/4/3/2çJ1 8 9:02 AM I

3 CITY AND COUNTY OP HONOLULU No RESOLUTION WHEREAS, ROH Chapter 2, Article 24, Part A establishes procedures and deadlines for the processing of the City Council C Council ) proposals to revise or amend the general plan, the development plans, the zoning ordinances, and the subdivision ordinance, and clarifies the responsibility of the Director of Planning and Permitting to assist the Council in adequately preparing its proposals for processing; now, therefore, BE IT RESOLVED by the Council of the City and County of Honolulu that the Director of Planning and Permitting, and the Planning Commission are directed, pursuant to Charter Section , and ROH Chapter 2, Article 24, PartA,to process the proposed amendment to ROH Chapter 21 (the Land Use Ordinance ), attached hereto as Exhibit A, in the same manner as if the proposal had been proposed by the Director; and BE IT FURTHER RESOLVED that the Director of Planning and Permitting is directed to inform the Council upon the transmittal of the Director~s report and the proposed Land Use Ordinance amendment to the Planning Commission; and OCS2OIS-0342/4/3/2018 9:02 AM 2

4 ftf~ ~till ~2~ No RESOLUTION BE IT FINALLY RESOLVED that, pursuant to ROH Chapter 2, Article 24, Part A, the Clerk shall transmit copies of this resolution and the Exhibit attached hereto to the Director of Planning and Permitting, and the Planning Commission, and shall advise them in writing of the date by which the Directo?s report and accompanying proposed ordinance are required to be submitted to the Planning Commission. INTRODUCED BY: DATE OF INTRODUCTION: APR Honolulu, Hawaii Councilmembers OCS2OI8-0342/413f2018 9:02 AM 3

5 EXHIBIT A

6 - ORDINANCE BILL RELATING TO DEVELOPMENT IN THE APARTMENT AND APARTMENT MIXED USE DISTRICTS. BE IT ORDAINED by the People of the City and County of Honolulu: SECTION 1. Purpose. The purpose of this ordinance is to increase development opportunities for housing, including affordable housing, in the apartment and apartment mixed use districts, and reduce the proliferation of monster homes. SECTION 2. Section , Revised Ordinances of Honolulu 1990, is amended to read as follows: Sec General requirements. (a) The director may allow a conditional use on a finding that the proposed use satisfies the following criteria: (1) The proposed use is permitted as a conditional use in the underlying zoning district and conforms to the requirements of this chapter. (2) The site is suitable for the proposed use considering size, shape, location, topography, infrastructure and natural features. (3) The proposed use will not alter the character of the surrounding area in a manner substantially limiting, impairing or precluding the use of surrounding properties for the principal uses permitted in the underlying zoning district. (4) The use at its proposed location will provide a service or facility Which will contribute to the general welfare of the community-at-large or surrounding neighborhood. (b) In addition to the general or specific standards set forth in this chapter concerning the proposed use, which shall be considered minimum requirements with respect to the permit, additional requirements, conditions and safeguards may be added by the director as required for the protection of the public interest in the specific case. OCS2O /4/31201 S 9;02 AM 1

7 0rrYAND COUNTY OF HONOLULU ORDINANCE BILL (c) (d) (e) The director may grant conditional use permits by modifying application of the sign regulations; district regulations relating to yards, landscaping? and lot dimensions; and parking requirements for uses which have an unusual peakhour parking demand. No such modification shall be made unless the proposed conditional use otherwise meets the requirements of subsections (a) and (b). At no time may the director modify the minimum standards for a specific conditional use. In determining whether the proposed conditional use meets the requirements of subsections (a) and (b), the director will, where applicable, consider traffic flow and control; access to and circulation within the property; off-street parking and loading; sewerage; drainage and flooding; refuse and service areas; utilities; screening and buffering; signs; setbacks; yards and other open spaces; lot dimensions; height? bulk and location of structures; location of all proposed uses; hours and manner of operation; and noise, lights, dust? odor and fumes. Notwithstanding the requirements of subsections (b) and (c) relating to minimum development standards, ffl [i~n the apartment, apartment mixed use, and business mixed use zoning districts, the director may grant a conditional use permit for special needs housing for the elderly, as defined in this chapter, which may modify district regulations within the limits and subject to the standards established for this conditional use in Article 5[~); and f~ In the apartment and apartment mixed use zoning districts, the director may grant a conditional use permit for affordable multifamily dwellings, as defined in this chapter, which may modify off-street parking requirements within the limits and subiect to the standards established for this conditional use in Article 5. (f) For certain conditional use permits, the director may require all or a portion of the site to be dedicated for a minimum of 10 years to active agricultural use. Should the use cease prior to the expiration of the minimum period of dedication, the director may nullify the dedication upon a determination that the permit is revoked or rescinded. 0CS :02 AM 2

8 ORDI NANCE BILL SECTION 3. Table 21-3 ( Master Use Table ), Revised Ordinances of Honolulu 1990, is amended by amending the T DWellings and Lodgings category to add a Dwellings, affordable multifamily use category to read as follows: TABLE 21-3 MASTER USE TABLE In the event of any conflict between the text of this Chapter and the following table, the text of the Chaptershall control. The following table is not Intended to cover the Waikiki Special District please refer to Table (A). KEY: Ac Cm C pplc = Special accessory use subject to standards in ArtIcle 5 = Conditional Use Permit-rninorsubjectto standards In ArtIcle 5; no public hearing required (see ArtIcle 2 for exceptions) = Conditional Use Permit-major subject to standards in ArtIcles; public hearing required = Permitted use = Permitted use subject to standards In A,tide 6 PRU = Plan Review Use ZONING DISTRICTS USES (Njpjn: Certain uses are defined In ArtIcle 10.) ~ DWELLINGS AND LODGINGS L ~ N 7 t 7 7 N C d ~, I o ~v th cb g Cs rj 7 I~i,~ N ~ s~ s. g s~ s~_ ~ s~_s~ m - - Dwellings affordable C Cm Cm Cm Cm Cm multifamily SECTION 4. Table 21-3 C Master Use Table ), Revised Ordinances of Honolulu 1990, is amended by amending footnote 1 to read as fohows: 1Commercial use subject to special density controls (See Table and SeCtion [21 3.OD 1 (c)(-1))] (cW3Th OCS2O / :02 AM 3

9 ORDINANCE BILL A SILL FOR AN ORDINANCE SECTIONS. Section , Revised Ordinances of Honolulu 1990, is amended to read as follows: Sec Apartment district uses and development standards. (a) (b) (c) Within the apartment districts, permitted uses and structures shall be as enumerated in Table Within the apartment districts, development standards shall be as enumerated in Table Additional Development Standards. (1) Except for necessary access drives and walkways, all yards shall be landscaped. (2) Optional Yard Siting. In the A-2 and A-3 districts, parking lots and garages may extend to side and rear property lines, provided the following requirements are met: (A) (B) (C) An area or areas of open space equivalent to the area to be used for parking or accessory use structures are provided elsewhere on the zoning lot. This open space shall be maintained in landscaping, except for drives or walkways necessary for access to adjacent streets. Parking may overhang the open space up to three feet if wheel stops are installed. A minimum of 50 percent of the open space shall be contiguous to the street frontage abutting the zoning lot; Any parking floor in the 10 feet adjacent to the property line shall not be more than four feet above existing grade; and Landscaping required under Section is provided and maintained. [(3) Height Setbacks. In the A 2 and A 3 districts, for any portion of a struetupe over 10 feet in height, additional side and rear setbacks shall be provided; for each 10 feet of additional height or portion thereof, an additional one feet setback shall be provided. The additional setback shall be a continuous plane from the top of the structure to the height of 40 feet above grade (soe Figuro )~]0 0CS /4/3/2018 9:02 AM 4

10 ORDINANCE BILL SECTION 6. Section , Revised Ordinances of Honolulu 1990, is amended to read as follows: Sec Apartment mixed use district uses and development standards. (a) (b) (c) Within apartment mixed use districts, all uses and structures shall be as enumerated in Table 21-3, Within the apartment mixed use districts, development standards shall be as enumerated in Table Additional Development Standards. (1) Except for necessary access drives and walkways, all yards must be landscaped. (2) Optional Yard Siting. In the AMX-2 and AMX 3 districts, parking lots and garages may extend to side and rear property lines, provided the following requirements are met: (A) (B) (C) An area or areas of open space equivalent to the area to be used for parking or accessory use structures are provided elsewhere on the zoning lot. This open space must be maintained in landscaping, except for drives or walkways necessary for access to adjacent streets. Parking may overhang the open space up to three feet if wheel stops are installed. A minimum of 50 percent of the open space must be contiguous to the street frontage abutting the zoning lot; Any parking floor in the 10 feet adjacent to the property line must not be more than four feet above existing grade; and Landscaping required under Section is provided and maintained. [(3~ Height Setbaeks. In the AMX 2 and AMX 3 distriets, far any per~en of a structure ever 10 feet in height, additional side and rear setbaeks must ~e providod; at follows: (A) Fer each 10 feet of additional height or portion thereof, an additional ono foot setback must be provided; and 0CS /4/3/ :02 AM 5

11 ORDINANCE BILL (3) The additional setback must be a continuous plane from the top of the structure te the height of 10 feet above grade (see Figure ). {44}L~ Commercial Use Density and Location. (A) (B) The floor area of any use marked with a superscript1 under Table 21-3, either occurring as a single use on a zoning lot or in combination with other uses, cannot exceed the FAR as provided under Table , and such floor area will be counted as part of the total FAR allowed. Where these commercial uses are integrated with dwelling uses, pedestrian access to the dwellings must be physically, mechanically, or technologically independent from other uses and must be designed to enhance privacy for residents and their guests. No floor above the ground floor may be used for both dwelling and commercial purposes. 0C /3/2018 9:02 AM 6

12 HONOLULU! HAWAII ORDI NANCE BILL SECTION 7. Table , Revised Ordinances of Honolulu 1990, is repealed: [ Table Apartment and Apartment Mixed Ur- ~ Development ~f~p~~raq ~w_ D:~str:~-t ~4 A4 AMX4 AM~4 AM~~3 M~fl~e 10,000 15,000 4~ ~!5,flQp! Minimum Iatwitlth-imd depth (feet) ~ nrd~(fej): 4kefff Side-and- &4-ee-l-0 r-et-40 &-or-44 &4-ee14 t-ep-{-0 #- -ee-l4 ~n~ M.onnnereinl-une densily{fa-r) ccosec.21 scascc.21 see-8ee,-2-l 3.00l(~) Mn*inrnm boildi.sg.wea Lot arta (sq. IL) Reqnirernen4 aa Lcu~ than 7,500 CC percent of zoning lot 7,500 20,000 ~0 percent of zoning lot Ova,- 20, percent of zoning tel Maximum h..i~ht (feet? 30 per zenin~ map 30 p~-zonin~ map fleigl4-se*bnels none per See lie) none per Soc (e) 44n*imufij.densit)~.(1ZA14)_ ~ot area (;g. ft.) -F,M1-onkolnlion fe~-l-&-am~-1-distrietsbeina.iot.fre less-thee FAR ~00003 ::Iotaroa) ,000 10,000 QMe F.\R ( :: lot arca) FAR 0.9 hiaximum density (FAR) Lo4.ren-(nq~4. IZ,4R.ealeulatien fera 2 MIX 2 district, bnse4-an-ooning-iot-size- 4,ess-than FAR (.0000~ :: lot arca-)-$-0a 40, FAR ( ::lotarea) Ovef FAR a~iamns-density-(FA~- ot.wen-~sqjt4 FAR cnlcutation for A -3-& AMX 3 districts bescd on zo d.i; lotsint Lc3s than 10,009 rar C000l1 ~: lot area) ,000 20,000 17K ( lot urea) ± ,000 10,000 raft (.00002:: lot own) Over FAR 2.8 a CThprC slull be _ ~,_!. ~ror duplo low I;-,~,.,..:...,.-:j. :..~... r ~.. I ~II] 0C / :02 AM 7

13 ORDINANCE BILL SECTION 8. Chapter 21, Article 3, Revised Ordinances of Honolulu 1990, is amended by adding a new Table to be inserted immediately following Section , and to read as follows: Table Apartment and Apartment Mixed Use Districts Development Standards flevelonment Standard Disirict A-i A-2 A-3 AMX-l AMX.2 AMX-3 Minimum lot area (square J,~Q nq~ ~ fsth~ Minimum lot width mid sf111 (feefl~ Yards (feet): Front.ifi.11!.rn SMeand SlorlO 51 5! renia Mnximient comnierejal use n/a density (FAR) see See, (c) seesec. 21- ace Sec,2j 390.1(c) 30il1c Mnxi,nuni building neon Reqaireniont Requirement Requirement Requirement Lot area (sq. ft.) Less than cement aizonine lot 80 percent of zoning lot 60 cercent of zoning lot 80 percent ofzonirigjo percent of zoning lot 80 percent oi,oning lot 50 oerccnt of zoning lot 80 oercent of zoning tot Over ocreent of zoning lot 4Qpercent of zoninet lot 40 percent ofznning lot 40 percent ofzonü,eljt MnxlmILnt height (r~et)i yerzoning map 30 perzoainn Fling Height setbncks none 1)005) 11005) 09115) Maximum density (FAR) Lotarcu (sq. It) FAR calculation for A I &AMX-l districts based on zoning lot size l.ess than ID 000 FAR ( x lot area) FAR~I0000l x lot area) Over FAR 0.9 Maximum density (FAR) Lot area (sq. ft) FAR calculation for A-2 & AMX-2 districts based or, zoning lot size Less than FAR ( x lot area) FAR = ( x lot area) Over FAR = 3.1 Maxiinom density (FAR) Lot area (sq. ft.) FAR cnlcnlation for A-3 & AMX-3 districts based an zoning tot size Less thanjq,p~il FAR = ( x lot a~) FAR = ( x lot urea) FAR = ( x lot area) Qrff4~QL~ FARS,0 There shall be no minimum lot area, width or deoth for off-site parking Mollifies. 2There shall be no minimum lot area for off-site parking facilities. 2Five feet for detached dwellings and duolexes and 10 feet for other uses. Wor duplex lots, 5 feet for any portion of any structure not located on the common Property line; the required side yard is zero feet for that portion of the lot containing the common wall. theiohts for detached dwellings and duplexes shall comolv with residential height and height setback reoulrements. n/a = Not applicable II OCS2OI8-0342/4/3f2018 9:02 AM 8

14 ORDINANCE BILL - SECTION 9. Chapter 21, Article 5, Revised Ordinances of Honolulu 1990 ( Specific Use Development Standards ), is amended to add a new section to the appropriately designated by the Revisor of Ordinances and to read as follows: Sec fg~ Dwellings, affordable multifamily. In the apartment and aoartment mixed use zoning districts. off-street parking requirements for dwelling units may be reduced, subiect to the limits in subsection (b). where the following conclusions can be made: ffl The application for a conditional use permit-minor demonstrates how the anticipated transportation demand of the future residents and users of the prolect site will be accommodated; and f~ A parking and transportation demand analysis demonstrates that a modification of the parking reguirements will not be detrimental to the surrounding neighborhood. The analysis must include: (A) an inventory of all on- and off- street parking spaces within the vicinity of the proiect site: (B) a survey of current and anticipated parking space utilization: and (C) a survey of the current and anticipated use of other modes of transportation. The analysis should also consider strategies such as shared parking agreements, bicycle facilities, bicycle sharing stations, car-sharing, and improved pedestrian mobility. j~ Off-street parking requirements shall not be reduced below a minimum of one parking stall per four dwelling units and one guest parking stall per ten dwelling units. SECTION 10. Section , Revised Ordinances of Honolulu 1Q90 ( Definitions ), is amended to add new definitions for affordable dwelling unit and affordable multifamily dwelling to read as follows: Affordable dwelling unit means a dwelling unit qualifying as an affordable dwelling unit under Chapter Affordable multifamily dwelling means a multifamily dwelling containing ten or more dwelling units, including affordable dwelling units numbering at least twice the amount required for the proiect by Chapter 0CS /3/2018 9:02 AM 9

15 CITYAND COUNTY OF HONOLULU ORDINANCE BILL SECTION 11. Ordinance material to be repealed is bracketed and stricken. New material is underscored. When revising, compiling or printing this ordinance for inclusion in the Revised Ordinances of Honolulu, the Revisor of Ordinances need not include the brackets, the material that has been bracketed and stricken, or the underscoring. In SECTION 9 of this ordinance, the Revisor of Ordinances shall insert the appropriate chapter number from Bill 58 (2017) where indicated in the ordinance following the enactment of Bill 58 (2017), either in its original or amended form. OCS2O1S-0342! :02 AM 10

16 ORDINANCE BILL SECTION 12. This ordinances takes effect upon its approval. INTRODUCED BY: DATE OF INTRODUCTION: Honolulu, Hawaii C ou n clime m be rs APPROVED AS TO FORM AND LEGALITY: Deputy Corporation Counsel APPROVED this day of 20 Mayor City and County of Honolulu 0C / :02 AM 11