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HomeMy WebLinkAboutBIL 318 Draft 03 2004-2006 a s?•"~,. COUNTY OF HAWAII STATE OF HAWAII ~~~'a BILL NO. 3ia (Draft 3) 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 are 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 aze being built in rural subdivisions approved in the 1950's and 1960's, mostly in Puna and Ka'u. These generally have no areas zoned for commercial and light industrial uses, and development of these necessary services has not kept pace with the movement of population to these azeas. The council also finds that it is desirable to have standard expectations for water supply for new rezonings. In some rural azeas, 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 necessazy 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. (a) Pumose In addition to requirements otherwise imposed this section creates concurrence standards for roads and water supple in change of zone actions. ~ZApplicability This section applies to anv application for chance of zonin¢ district, or for an extension of time to perform a condition of zoning received by the Plannin¢ 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 zonine has been eranted by the county. `Critical road area' means a geoeraphical azea 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 azea in which transportation facilities will be required to mitigate impacts caused primarily by the proiect. `Level of service or LOS' means a qualitative measure describing operational conditions within a traffic stream and shall be determined usin¢ the procedures in the latest edition of the Hiehway Capacity Manual Transportation Research Board. `Mitigation' means specific actions to reduce traffic coneestion. Mitigation is of two tunes: `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 major road such as additional lanes in the general region containine 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 park and ride facilities sufficient to offset the traffic demand generated by the proiect. `Occupancy' means (1) the issuance of a certificate of occupancy for a commercial, multifamily, industrial building hotel or other structure requiring a certificate of occupanc~2) the issuance of a building permit 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. `Proiect azea' means the area 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 hig iways 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 generate 50 or more peak hour trips The determination of peak hour tries shall be based on the Institute of Transportation Engineers "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 jfor example the types of commercial used, the determination shall be based upon a 2 typical mix of uses found in that zoning type in the community. The TIAR shall be certified as having been conducted in accordance with best practices by a professional engineer licensed in the State of Hawai i. The TIAR shall assess impacts to transportation facilities in the immediate vicinity and general azea of the proiect and to the transportation facilities serving the proiect azea. (3) The TIAR shall include proiections for future growth in traffic for a minimum of five, ten, and twenty years and shall include other approved or proposed development that is expected to impact the proiect area with reasonable assumptions about the build-out of such development. (4) The TIAR shall present an assessment of the impacts of the proiect on LOS and an evaluation of alternative plans for mitigating those impacts The evaluation shall include budeetarv cost estimates for the capital and operatingcosts of promising alternative plans. (el Mitigation Required. (1) If the LOS for any transportation facility in the project area is (1) currently worse than the acceptable level of service or (2) proiected to become worse than the acceptable level of service during the five year period of the TIAR any rezonin~of the property if approved shall contain conditions that require mitigation of adverse traffic effects before occupancy of the proiect is pennitted 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. Where the LOS deficiency is due to roadway or intersection deficiencies in the immediate vicinity of the proiect the conditions of zoning shall require local mitigation. Where the deficiency in LOS is due to insufficient capacity in the transportation facilities serving the proiect area, the conditions of zoning shall require azea miti atg ion• (3) If there is more than one way to mitigate an adverse effect the director shall present to the council the pros and cons of the alternatives. ()f Mitigation requirements will be deemed satisfied when: (1) a public agency has committed funds for azea mitigation that will remove the LOS deficiency In the case of the State commitment of funds means that the governor 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 particiRation in an improvement district community facilities district, or other equivalent means of euazanteeing_performance. (gl A developer's azea mitigation ex~nses shall be credited against any fair shaze or similar fee requirement for roads A developer's local mitigation expenses shall be credited against any fair share or similaz fee requirement for roads if the council determines that the mitigation substantially benefits the 3 oeneral public and was not necessazv primarily for the benefit of the proiect In seneral roads that are necessary for access to or within a development or turn lanes for a private proiect shall not qualify for fair shaze credit. (h) The following tunes of rezoning applications shall be required to submit a TIAR when reauired by this section but shall not be required to perform azea mitigation: (1) Residential or other rezonin~s where the applicant commits and the conditions of zoniny require, that the proiect eazn at least two times the number of affordable housing credits otherwise reauired under Chaeter 11 County affordable housing policy provided further that the applicant shall be entitled to the full amount of "excess credits" under section 11-15 County affordable housing policy based on the number of affordable housing credits normally required. (2) Rezoning to CV CN MCX PD or ML where the council determines that the proiect will reduce regional traffic congestion by rorovidiny necessary commercial or livht industrial oproortunities to serve an azea where there is a shortave of available space zoned for such uses, and substantial residential development has already been approved provided that conditions of zoning shall ensure that any commercial development be of a scale consistent with the standards of a "neivhborhood center" as described in the General Plan. (i) The restrictions on occupancy shall not aroroly to the construction of infrastructure such as water tanks roads sewage treatment plants or other proiect elements that do not venerate substantial traffic. (i) The council may designate critical road areas by ordinance. ~k) In a critical road azea 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 roeak hour trips and to prevent applicants from wing below the TIAR threshold by dividiny a proiect into segments the director shall review all development proposed on the same or adiacent properties, and shall include traffic that may be venerated by any development application approved after the effective date of this ordinance or by any other pendinv development application if it is on a portion of the same lot or tax ma~key nazcel or an adioininv lot or tax map key pazcel or in the immediate vicinity of the development. (m) A chanve of zone application shall not be granted unless: (1) the denarhnent of water supply has determined that it can meet the water requirements of the proiect and issue water commitments using its existing svstem• or (2) specific improvements to the existiny public water system, or a private water svstem equivalent to the requirements of the department of water supply will be provided to meet the water needs of the proiect and conditions of zoniny delay occupancy until the necessary improvements are actually constructed. (n) To facilitate the development of village centers in rural areas that aze not currently served by a public water svstem the council may waive the water supply requirements for rezoninvs for commercial or l~ht industrial uses in azeas that do not currently have a public water svstem and where the department 4 of water supper has no plans to build a~ublic water system, and which aze (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 shall require water supply consistent with public health and safety needs such as sanitation and fire- fi htin . (ol Nothing in this section shall limit the abilitXof the council to impose reasonable roadwa~r water improvement requirements on chances of zone or to deny chance 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 aze 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: COUN I EMBER, OUNTY~WAI`I Hawaii Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date RLFcR[NCF: Comm: 30~ r a_- 5