COM 0729.002 2008-2010 - Laserfiche WebLink

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July 1, 2010 Page 2 of 2 space that may be accessed by the public for hiking, bicycling, and other similar activities, providing those activities shall not damage, destroy, or otherwise negatively impact the environmental character of the open park space." 2. Subsection (p) of Bill 215 is amended to read as follows: "(p) A change of zone application shall not be granted unless: (1) The fire department has determined that it can meet the fire safety requirements of the project using its existing facilities and staff; or (2) Specific improvements to the existing public firefighting facilities, or private firefighting facilities approved by the fire department will be provided to meet the public safety needs of the project and conditions of zoning [delay occupancy until the necessary improvements arc actually constructed]. Only fire stations within a fifteen -mile radius of the proposed rezoning shall be counted when assessing the adequacy of existing facilities to meet the fire safety needs of the project. If it is determined that the fire safety requirements that will be created by the project cannot be met using existing facilities or staff, in lieu of providing specific improvements to existing public or private firefighting facilities the applicant may provide one or both of the following: contribution of firefighting equipment to the nearest existing fire safety facility to include but not be limited to fire vehicles and firefighting gear and supplies; or installation of fire hydrants and water lines in areas deemed appropriate by the fire chief and planning director. The planning director, with the approval of the council, shall determine the appropriate level of contribution of firefighting equipment or installation of fire hydrants and water lines, or both, to meet the concurrency requirements in lieu of the provisions of paragraph (2) of this subsection. The concurrency requirements of this subsection shall not be applicable for a rezoning that will create less than twenty additional lots, which shall instead be subject to the impact fee or `fair share system' to meet the fire safety needs created by the impact of the project." A draft copy of Bill 215, Draft 2, is attached with these proposed amendments incorporated and Ramseyer format applied with respect to the contents of the Hawai`i County Code. "Thank you. PH /kf Att.