HomeMy WebLinkAboutCOM 0999.000 2004-2006
Pete Hoffmann ,,.r o. Phone No.: (808) 887-2043
Council Member ;G? Fax No.: (808) 887-2072
District 9 - North and South Kohala E-Mail: poffmann@co.hawaii.hi.us
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HAWAII COUNTY COUNCIL
County of Hawai `i
Holomua Center
64-1067 Mamalahoa Highway, Suite C-5
Kamuela. Hawaii 96743 rte.
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July 31, 2006 -
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TO: Stacy Higa, Chair
and Members of wai`i County Council ;v
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FROM: Pete Hoffmann
Council Member
SUBJECT: Bill Amending Chapter c e 2, Division S ction 23 3, Hawaii County
Code 1983 (2 rtion) Relating to Large Scale Develop ents
Attached is a bill amending Chapter 23, Article 2, Division 1, Section 23-13, Hawaii
County Code 1983 (2005 Edition) relating to large scale developments.
There is general agreement in the County that large scale developments 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 Subdivision Code relating to large scale
developments. The new subsections state that conditions of approval for large scale
developments 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 of large scale
subdivisions or condominium property regimes in order to manage growth and coordinate the
delivery of government services in the County.
Comm. No.
Ref. To.
Ref. Uote _AUG 1.2U06
Hawaii County Is 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 23, article 2, division 1, section
23-13, Hawaii County Code 1983 (2005 edition):
"Section 23-13. Large scale developments.
The director may make exceptions to this chapter where a plan and program for a
complete community, a neighborhood unit, a large-scale shopping center, large industrial
area development, or large agricultural area development provides adequate public spaces
and improvements for the circulation, recreation, light, air, and service needs of the tract
when fully developed and populated and covenants or other legal provisions are provided
to assure conformity to and achievement of the plan[.-];provided, however, that:
(a) A subdivision application or condominium map shall not be approved pursuant to
this chapter, 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 are made concurrent with the
development and in compliance with the conditions of the water commitment issued
by the department of water supply.
(b) A subdivision application or condominium map shall not be approved pursuant to
this chapter, 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 development are made
concurrent with the development. These strategies may include increased public
transportation service, ride sharing programs, park 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 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 subdivision approval or condominium may
approval is submitted.
Stacy Higa, Chair
and Members of the Hawaii County Council
July 31, 2006
Page 3
(c) 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 or may approval to
complete the improvements or strategies within six years of preliminary plat or map
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.
(d) This section does not apply to any application for subdivision approval or
condominium map approval 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 adiusted 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.
PH/lc