HomeMy WebLinkAboutBIL 319 Draft 01 2004-2006OFFICE INFORMATION ONLY
Meeting: ememei•I—Febmary21,2007
0(c%nn..1 Co -nm; lief -
Action: September 7, 2006 - Failed on first reading (due to 3 ayes, 6 noes).
October 6, 2006 - First reading vote reconsidered.
October 16, 2006 - Referred to Planning Department and Commission.
February 6, 2007 - Comm. 165 (2006-2008 term), from Planning Director
Yuen requesting extension of review period.
February 21, 2007 - Recommitted to Planning Department and
Commission.
Never placed back on the agenda.
Re: Bill 319; Comm. 999 (2004-2006 term); PC -107 (adopted October 16,
2006 after Council approved recommendation to send to Planning Dept.
and Commission)
COUNTY OF HAWAII
ORDINANCE NO.
STATE OF HAWAII
BILL NO. sia
AN ORDINANCE AMENDING CHAPTER 23, ARTICLE 2, DIVISION 1, SECTION 23-13,
HAWAII COUNTY CODE 1983 (2005 EDITION) RELATING TO LARGE SCALE
DEVELOPMENTS.
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 welfare. The County Council
finds 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 the area. The County Council finds that conditions of approval 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.
SECTION 2. Chapter 23, article 2, division 1, section 23-13, Hawaii County Code 1983
(2005 edition), is amended by adding new subsections to read as follows:
"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 may 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.
(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 map 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
housingdevelopment wherein 100 percent of the housing units are affordable for
qualified households earning no more than 120 percent of the median adjustedrg oss
income for households in Hawaii County as reported by the U.S. Department of
Housing and Urban Development or its governmental successor in function."
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.
2
SECTION 5. This ordinance shall take effect upon approval.
, Hawai`i
Date of Introduction:
Date of 1 st Reading:
Date of 2nd Reading:
Effective Date:
su.. "N(;et CAtq 999