REP PC 106 08/21/2006 2004-2006 - Laserfiche WebLink

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REPORT OF THE COMMITTEE ON PLANNING DATE: August 21, 2006 Re: Comm. No. 998Bi11 No. 318 PLACE: Council Chambers TIME: 1:00 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Bill No. 318, reports as follows: Bill No. 318, transmitted by Council Member Pete Hoffinann via Communication No. 998, dated July 31, 2006, amends Chapter 25, Article 2, Division 4, Section 25-2-44, Hawaii County Code 1983 (2005 Edition) Relating to Conditions on Change of Zone. Bill No. 318 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. Bill No. 318 requires developers to ensure that the level of service (LOS) on a state- or county-owned transportation facility not decline below LOS "D" on a scale of LOS "A" through LOS "F" unless transportation strategies to mitigate traffic impacts to an acceptable LOS level ("D" or better) aze made concurrent with the proposed development. For the purposes of Bill No. 318, "concurrent with development" means that transportation improvements aze either in place at the time of development or that a financial commitment is in place at the time of preliminazy plat approval to complete the proposed improvements within a period of six years. Similazly, Bill No. 318 requires developers to secure a water commitment for full build-out of a proposed project from the departrnent of water supply and to make required improvements "concurrent" with the development of the subdivision. Bill No. 318 also exempts affordable housing projects wherein 100 percent of the units aze affordable for qualified households earning no more than 120 percent of the median adjusted gross income. Companion Bill No. 319 proposes that similaz "concurrency" provisions be added to Chapter 23 (Subdivision Code), Hawaii County Code 1983 (2005 Edition) Relating to Large Scale Developments. Chapter 25, Article 2, Division 4, Section 25-2-43(b) provides that any proposed council-initiated amendment to the Zoning Code shall be referred to the dvector and the commission "with requests for their respective comments and recommendations thereon, prior to the first reading of any such amendment. The duector and the commission shall each submit comments and recommendations on the proposed amendment to the council within one hundred and twenty days from the date that the amendment is transmitted by the council to the director and the commission." PC REPORT' NO. 106