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COUNTY OF HAWAII STATE OF HAWAII
••,jt~Y~•M~i1
BILL NO. sls
(Draft 2)
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER~25, ARTICLE 2, DIVISION 4, HAWAII COUNTY
CODE 1983 (2005 EDITION, AS AMENDED) BY ADDING A NEW SECTION RELATED TO
CONCURRENCY CONDITIONS.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Purpose and findings. The council finds that because of road congestion in
Hawaii County, it is necessary to assess the traffic impacts of major developments, and if they will add
traffic to roads that aze now congested, or will foreseeably be congested in the future, that the rezoning
should not take effect unless improvements to the traffic situation occur before the occupancy of the
project. At the same time, the council recognizes that the lack of affordable housing near employment
centers is one of the factors that creates traffic problems, by forcing workers to commute long distances,
and does not want to inhibit the supply of affordable housing. In addition, there are situations where
commercial or light industrial rezoning may be desirable to reduce traffic. For example, thousands of
homes are being built in rural subdivisions approved in the 1950's and 1960's, mostly in Puna and Ka'u.
These generally have no azeas zoned for commercial and light industrial uses, and development of these
necessary services has not kept pace with the movement of population to these areas. The council also
finds that it is desirable to have standard expectations for water supply for new rezonings. In some rural
areas, however, there is no reasonable prospect of a public water system, but the county may wish to
allow some commercial and possibly light industrial rezoning to serve the growing rural population.
The water supply necessary for sanitation and firefighting, in these circumstances, can be handled by
requiring adequate storage facilities.
SECTION 2. Chapter 25, article 2, division 4, Hawaii County Code 1983 (2005 Edition, as
amended), is amended by adding a new section 25-2-46 to read as follows:
"Section 25-2-46. Concurrence requirements.
Pumose In addition to reauirements otherwise imposed this section creates concurrence standazds
for roads and water supply in chance of z~ actions.
(bl Applicability This section applies to any application for rezonine or for an extension of time to
perform a condition of zonin¢ received by the Plannine Department after the effective date of this
ordinance.
~c) Definitions. As used in this section:
`Acceptable level of service' means that the level of service of a transportation facility at the AM and
PM peak hour is "D" or better.
`Approved development' means development for which zoning has been granted by the county.
`Critical road area' means a geographical area where any of the transportation facilities serving the area
have been determined by the council to be worse than the acceptable level of service.
`Immediate vicinity of a proiect' means the area in which transportation facilities will be required to
mitigate impacts caused primarily by the project.
`Level of service or LOS' means a qualitative measure describing operational conditions within a traffic
stream and shall be determined using the procedures in the latest edition of the Highway Capacity
Manual Transportation Research Boazd.
`Mitigation' means specific actions to reduce traffic congestion. Mitigation is of two types: `local
mitigation' which consists of improvements to roads and intersections that are in the immediate vicinity
of a proiect including channelization of intersections, turn lanes into a proiect and similar
improvements `Area mitigation' consists of improvements which increase the capacity of an arterial or
other maior road such as additional lanes in the general region containing the proiect, or construction of
anew arterial or collector road in the general azea containing the project, or improvements to public
transportation such as buses or pazk and ride facilities sufficient to offset the traffic demand generated
by the project.
`Occupancy' means (11 the issuance of a certificate of occupancy for a commercial, multifamily,
industrial building hotel or other structure requiring a certificate of occupancy; (21 the issuance of a
buildingpermit for residential buildings that do not require a certificate of occupancy: or (3) final
subdivision approval for subdivisions where dwellings aze allowed but dwellings are not being
constructed before sale of any lot.
`Project area' means the azea in which the proiect is expected to have an impact on the level of service
of transportation facilities.
`Reasonable assumptions' means the percentage of full build-out that is expected to occur during the
twenty-year period after the date of the application as determined by the planning director.
`Transportation facilities' means State and County highways roads, and public transportation facilities.
`Worse than the acceptable level of service' means that the level of service at the AM or PM peak is "E"
or"F"
(d) Traffic Impact Analysis Report Required.
(1) A traffic impact analysis report (TIAR) prepared or updated within six months before the
submission of the application shall be included with the application for any change of zone that can
venerate 50 or more peak hour trips The determination of peak hour trips shall be based on the Institute
of Transportation Envineers "Trip Generation Handbook" or any other nationally recognized source.
When the number of trips depends upon the exact future uses of the site, and those aze unknown at the
time of rezoning (for example the types of commercial uses), the determination shall be based upon a
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typical mix of uses found in that zoning tune in the community The TIAR shall be certified as having
been conducted in accordance with best practices by a professional en¢ineer licensed in the State of
Hawai i.
(2) The TIAR shall assess impacts to transportation facilities in the immediate vicinity and
general area of the proiect and to the transportation facilities servin¢ the proiect azea.
(3) The TIAR shall include proiections for future erowth in traffic for a minimum of five, ten,
and twenty veazs and shall include other approved or proposed development that is expected to impact
the proiect azea with reasonable assumptions about the build-out of such development.
(4) The TIAR shallpresent an assessment of the impacts of the proiect on LOS and an evaluation
of alternative plans for mitieatine those impacts The evaluation shall include budsetazv cost estimates
for the capital and operatine costs of promisine alternative plans.
Mit~ation Required.
(1) If the LOS for any transportation facilit~n the project azea is (11 currently worse than the
acceptable level of service or (2) proiected to become worse than the acceptable level of service durin¢
the five ~az period of the TIAR any rezonin of
thg e property if approved shall contain conditions that
require mitigation of adverse traffic effects before occupancy of the project is permitted or that
occupancy be delayed until the level of service has reached the acceptable level and is no longer
proiected to be worse than the acceptable level.
(2) Where the LOS deficiency is due to roadway or intersection deficiencies in the immediate
vicinity of the protect the conditions of zoning shall require local mitieation. Where the deficiency is
LOS due to insufficient capacity in the transportation facilities servine the proiect azea, the conditions of
zoning shall require azea mitieation.
(3) If there is more than one way to mitieate an adverse effect the director shall present to the
council the pros and cons of the alternatives.
(f) Mitieation requirements will be deemed satisfied when:
(1) a public agency has committed funds for azea mitieation that will remove the LOS
deficiency In the case of the State commitment of funds means that the eovernor has released funds to
complete the improvement In the case of the County commitment of funds means that the council has
appropriated funds to complete the improvement; or
(2) the private developer's commitment to implement mitigation has been secured by bond or
~uivalent security or mandatory participation in an improvement district community facilities distract,
or other equivalent means of euazanteeing_performance.
(e) A developer's azea mitieation expenses shall be credited against any fair share or similar fee
requirement for roads A developer's local mit~ation expenses shall be credited against any fair shaze or
similaz fee requirement for roads if the council determines that the mitieation substantially benefits the
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e~neral public and was not necessazv primarily for the benefit of the proiect In eeneral roads that aze
necessary for access within a development or turn lanes for a private proiect shall not aualrfy for fair
share credit.
jh) The followine tomes of rezonin¢ applications are not required to perform area mitigation:
(1) Residential or other rezonings where the applicant commits and the conditions of zoning require,
that the proiect earn at least three times the number of affordable housing credits otherwise required
under Chapter 11 County affordable housing_policy.
(Z Rezonin~to CV CN MCX PD or ML where the council determines that the proiect will reduce
regional traffic congestion by providing_necessarv commercial or light industrial opportunities to
serve an area where there is a shortage of available space zoned for such uses and substantial
residential development has already been approved provided that conditions of zoning shall ensure
that anv commercial development be of a scale consistent with the standazds of a "neighborhood
center" as described in the General Plan.
(il The restrictions on occupancv shall not apply to the construction of infrastructure such as water
tanks roads sewage treatment plants or other proiect elements that do not generate substantial traffic.
(i) The council may designate critical road areas by ordinance.
In a critical road area all rezonings shall be subject to local and area mitigation, except as stated in
subsection (h).
(1) In order to determine whether a rezoning application meets the TIAR threshold of 50 or more peak
hour trips and to prevent applicants from going below the TIAR threshold by dividing a proiect into
segments the director shall review all development proposed on the same or adiacent properties, and
shall include traffic that may be generated by anv development application approved after the effective
date of this ordinance or by anv other pending development application if it is on a portion of the same
lot or tax map key pazcel or an adjoinin~ot or tax map key parcel or in the immediate vicinity of the
development.
(m) A chance of zone application shall not be granted unless: (1) the department of water supply has
determined that it can meet the water requirements of the project and issue water commitments using its
existing svstem• or (2) specific improvements to the existing public water system or a private water
svstem equivalent to the reauirements of the depaztment of water supply will be provided by the
developer to meet the water needs of the proiect and conditions of zoning delay occupancv until the
necessary improvements are actually constructed.
(nl To facilitate the development of village centers in rural areas that are not currently served by a public
water system the council may waive the water supply requirements for rezonings for commercial or
light industrial uses in azeas that do not currently have a public water system and where the depaztment
of water supply has no plans to build a public water svstem and which are (1) designated as an "urban
and rural center" or "industrial azea" on Table 14-5 of the General Plan and (2) designated for urban use
on the Land Use Pattern Allocation Guide Map of the General Plan• provided that conditions of zoning
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shall require water supply consistent with public health and safety needs such as sanitation and fire-
fi htin .
Nothing in this section shall limit the ability of the council to impose reasonable roadwav or water
improvement requirements on chanties of zone or to deny chanee of zone applications to the extent
otherwise allowed by law."
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:
COUNCI M B , CO TY OF HAW `I
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
R,EtEi:EhC;;: Comm: 307.14
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