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HomeMy WebLinkAboutBIL 318 Draft 01 2004-2006 M<Y os y COUNTY OF HAWAII STATE OF HAWAII os~MiP BILL NO. 31s ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, DIVISION 4, SECTION 25-2-44, HAWAII COUNTY CODE 1983 (2005 EDITION) RELATING TO CONDITIONS ON CHANGE OF ZONE. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII SECTION 1. The County administers and enforces various regulations to control land use, including the subdivision code and zoning code. These regulations specify what developers can and cannot do in the interest of the public's health, safety, or welfaze. The County Council finds that changes of zone 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 the area. The County Council finds that conditions of approval should require that water supply improvements or strategies as specified by the depaztment 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. SECTION 2. Chapter 25, article 2, division 4, section 25-2-44, Hawaii County Code 1983 (2005 edition), is amended by adding new subsections to read as follows: "Section 25-2-44. Conditions on chance 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. (el An application for a change in zone shall not be approved ifbuild-out of the associated development would cause or contribute to causin , ig n conjunction with development associated with build-out of previously approved subdivisions, the level of service (LOST 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 strate ig es to accommodate the impacts of the development will be made concurrent with the development. These strategies may include increased public transportation service, ride sharingproQrams, 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, Hi hgway Capacity Manual (Washin¢ton, D.C.: National Reseazch 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. (fl 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 ofpreliminazy 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. This section does not apply to any application for change of zone for an affordable housin dg evelopment or a workforce housin dg evelopment 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." 2 SECTION 3. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 4. Material to be repealed is bracketed and stricken. New material is underscored. In printing this ordinance, the brackets, bracketed material, and underscoring need not be included. SECTION 5. This ordinance shall take effect upon approval. INTRODUCED BY: i COUNCIL MEMB R, COUNT Q AW I`I Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: 3