HomeMy WebLinkAboutCOM 0998.000 2004-2006
Pete Hoffmann ~tV OF Phone No.: (808) 887-2043
Council Member Fax No.: (808) 887-2072
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- District 9 -North and South Koholo E-Mail: phoffrnann@co.hawaii.hi.us
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~ U.4 HAWAII COUNTY COUNCIL
County of Hawaii
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Holomua Center
64-1067 Mamalahoa Highway, Suite C-5 t:,) Kamuela, Hawaii 96743
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July 31, 2006
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TO: Stacy Higa, Chair
and Members of the Hawaii Co ty Council
.49 FROM: Pete Hoffmann
Council Member
SUBJECT: Bill Amending Chapter 25, Art' ivision 4, Se Y'on 25 2-44, Hawaii
County Code 1983 (20 it ion) Relating to Conditions on Change of Zone
Attached is a bill amending Chapter 25, Article 2, Division 4, Section 25-2-44, Hawaii
County Code 1983 (2005 Edition) relating to conditions on change of zone.
There is general agreement in the County that change of zone applications proposed in a
particular area should be assessed considering a number of factors, including how much public
infrastructure is challenged by recent or anticipated growth in that area. This proposed bill adds
requirements to existing provisions within the Zoning Code relating to conditions on change of
zone ordinances. The new subsections state that conditions of approval for change of zone
ordinances should require that water supply improvements or strategies as specified by the
department of water supply to accommodate the impacts of development, as well as
transportation improvements or strategies to accommodate the impacts of development on state-
or county-owned transportation facilities, be made concurrent with development associated with
any change of zone in order to manage growth and coordinate the delivery of government
services in the County.
PC;
i ~ ` Comm. No. 9q1
7 Ref. To; PC;
R sf. L'ore AUG 1 70116
Hawaii County /s An Equal Opportunity Provider And Employer
Stacy Higa, Chair
and Members of the Hawaii County Council
July 31, 2006
Page 2
This bill adds the following subsections to Chapter 25, article 2, division 4, section
25-2-44, Hawaii County Code 1983 (2005 edition):
"Section 25-2-44. Conditions on change of zone.
(a) Within any ordinance for a change of zone, the council may impose conditions on
the applicant's use of the property subject to the change of zone provided that the
council finds that the conditions are:
(1) Necessary to prevent circumstances which may be adverse to the public health,
safety and welfare; or
(2) Reasonably conceived to fulfill needs directly emanating from the land use
proposed with respect to:
(A) Protection of the public from the potentially deleterious effects of the
proposed use, or
(B) Fulfillment of the need for public service demands created by the
proposed use.
(b) Changes or alterations of conditions of any change of zone ordinance shall be
processed in the same manner as a zone change, unless the council authorizes the
changes or alterations to be made by the director. A request for any change or
alteration of conditions shall be submitted in writing to the director, in lieu of the
application required for an applicant-initiated change of zone. The request shall be
accompanied by a filing fee of $250.
(c) Failure to fulfill any conditions of the zone change within the specified time limitations,
or any extensions thereto, may be grounds for the enactment of an ordinance making
further zone changes or for rezoning the affected property back to its original zoning
designation or a more appropriate zoning designation, upon initiation by either the
director or the council in accordance with section 25-2-43.
(d) An application for a change of zone shall not be approved if the associated development
is within the service limits of the department of water supply, unless the department of
water supply has issued a water commitment for build-out of the development and the
water supply improvements or strategies required by the department of water supply to
accommodate the impacts of the development will be made concurrent with the
development and in compliance with the conditions of the water commitment issued by
the department of water supply.
(e) An application for a change in zone shall not be approved if build-out of the associated
development would cause or contribute to causing, in conjunction with development
associated with build-out of previously approved subdivisions, the level of service (LOS)
on a state- or county-owned transportation facility to decline or remain below an
acceptable level (specifically, below LOS "D" on a scale of LOS "A" through LOS "F"),
unless transportation improvements or strategies to accommodate the impacts of the
development will be made concurrent with the development. These strategies may
include increased public transportation service, ride sharing programs, and ride
facilities, demand management, and other transportation systems management strategies.
The level of service shall be calculated using the methods defined in the most current
Stacy Higa, Chair
and Members of the Hawaii County Council
July 31, 2006
Page 3
edition of the Transportation Research Board, Highway Capacity Manual (Washington,
D.C.: National Research Council. 2000, or subsequent updates to this edition). LOS
levels for the state- and county-owned transportation facilities, including, but not limited
to, arterial roads, collector roads, minor roads, and public transportation, which will be
impacted by build-out of the development shall be assessed within six months of the date
the application for change of zone is submitted.
(f) For the purposes of this section, "concurrent with development" shall mean that
improvements or strategies are in place at the time of development, or that a financial
commitment is in place at the time of preliminary plat approval to complete the
improvements or strategies within six years of preliminary plat approval. Financial
commitments may include adoption by the county council by ordinance of a six-year
capital improvement program that identifies reasonably anticipated sources of funding for
the identified improvements or strategies, agreements with the county to implement the
identified improvements or strategies, and agreements with the county to pay for
implementing the identified improvements or strategies. The agreements called for by
this section shall be secured in accordance with section 23-83.
(g) This section does not apply to any application for change of zone for an affordable
housing development or a workforce housing development wherein 100 percent of the
housing units are affordable for qualified households earning no more than 120 percent of
the median adjusted gross income for households in Hawaii County as reported by the
U.S. Department of Housing and Urban Development or its governmental successor in
function."
I humbly request that you place this bill on the agenda for the August 22, 2006 Planning
Committee meeting,
If you have any questions regarding this bill, please do not hesitate to contact me.
Att.
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