HomeMy WebLinkAboutCOM 0307.015 2006-2008
Pete Hoffmann .±w Phone No. Hilo: (808) 961-8027
Council Chair ~
" Phone No. Waimea: (808) 887-2043
District 9 -North and South Kohala Fax No.: (808) 887-2072
E-Mail:phoffmann@co.hawaii.hi.us
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HAWAII COUNTY COUNCIL
County of Hawai `i
Hawaii County Building Holomua Center
25Aupuni Street 64-1067 Mamalahoa Highway, Suite C-5
Hilo, Hawaii 96720 O'aimea, Hawaii 96743
May 9, 2007
TO: Council Members
Hawaii County Council
FROM: Pete Hoffmann
Council Chairperson
SUBJECT: Proposed Amendment to Bi11318, Draft 2: An Ordinance Amending Chapter 25,
Article 2, Division 4, Hawaii County Code 1983 (2005 Edition, as amended) by
Adding a New Section Relating to Concurrency Conditions.
Attached for consideration at the May 16, 2007 Council meeting is a proposed
amendment to Bi11318, Draft 2. These changes aze made based on further discussion with the
Planning Director in order to address some of his concerns with Draft 2 of Bill 318.
The attached proposed amendment:
1. Clarifies that concurrency requirements will apply to all new "change of zoning
district" applications, as they are referred to in the Code, rather than "rezoning" requests. This
clarification is made by stating such within subsection b, Applicability.
2. Makes corrections to subsection e, paragraph 2 as shown below:
Where the LOS deficiencv is due to roadway or intersection deficiencies in the immediate
vicinity of the proiect the conditions of zoning shall require local mitigation Where the deficiencv f+sl
in LOS is due to insufficient capacity in the transyortation facilities serving the nroiect azea, the
conditions of zoning shall require area mitigation.
3. Adds language clarifying that roads that provide access "to or" within a development
shall not generally qualify for fair shaze credit.
4. Adds language to subsection h, proposing that a change to a pazticulaz zoning district
delineated within pazagraphs 1 and 2 of subsection h shall still require a Traffic Impact Analysis
Report, if so required by the provisions of this section, regardless if the potential development
earns twice the number of affordable housing credits normally required by Chapter 11, County
Comm. ~tio. 30~ • ~
Ref. To: PreS+++~
Serving the Interests ojthe People of Our Island
~~f, C'ote MAY 1 G 2on~ _
Hawai `i County Is An Equal Opportunity Provider And Employer
affordable housing policy, and is thus exempt from area mitigation requirements pursuant to this
proposed section.
5. Exempts projects which earn two times, as opposed to three times, the number of
affordable housing credits otherwise required by Chapter 11, County affordable housing policy.
Anew clause is added to make it clear that although the developer has to earn two times the
number of affordable credits in order to be exempted from concurrency requirements, the
developer will still earn excess credits based on the number of credits which would normally
have been required. According to the planning director, the affordable housing proposed from
the private sector in West Hawaii is predicated on the use of excess credits to subsidize the
affordable units.
6. Eliminates the requirement for the water system to be provided by the developer.
According to the planning director, there may be a public water project planned that will provide
the water, and the Department of Water Supply may recoup capital costs from a developer not by
specific contribution to that project but through the facilities charges only.
Also attached is a red-lined version showing the proposed modifications to Bi11318, Draft 2. New
language is highlighted, and deleted material is bracketed and stricken.
Att.
PH/lc
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 neaz 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 azeas. The council also
finds that it is desirable to have standazd 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) Purpose In addition to requirements otherwise imposed this section creates concurrence standazds
for roads and water supply in change of zone actions.
(b) Applicability This section applies to anv application for chance of zonine district, or for an
extension of time to perform a condition of zoning received by the Planning 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 zonin¢ has been granted by the county.
`Critical road area' means a eeo~raphical area where anv of the transportation facilities servine the azea
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 primazily by the proiect.
`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 Reseazch Board.
`Mitigation' means specific actions to reduce traffic congestion Mitigation is of two types: `local
mitigation' which consists of improvements to roads and intersections that aze m the immediate vicinity
of a proiect including channelization of intersections turn lanes into a proiect and similaz
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 containing the proiect, or constnichon of
anew azterial or collector road in the ¢eneral area containing the proiect or improvements to public
transportation such as buses or park and ride facilities sufficient to offset the traffic demand generated
by the project.
`Occupancy' means (1) the issuance of a certificate of occupancy for a commercial multifamily,
industrial building hotel or other structure requiring a certificate of occupancy (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 are allowed but dwellings aze not being
constructed before sale of any lot.
`Proiect area' 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 durin¢ 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 chance of zone that can
generate 50 or more peak hour trips The determination of peak hour trips 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 (for example the types of commercial uses) the determination shall be based upon a
~ical 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 m the State of
Hawai i.
(2) The TIAR shall assess impacts to transportation facilities in the immediate vicinity and
veneral area of the proiect and to the transportation facilities serving the proiect area.
2
(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 project on LOS and an evaluation
of alternative Mans for mitigating those impacts The evaluation shall include budeetazv cost estimates
for the capital and operating costs of promising alternative plans.
(e) Mitigation Required.
~l If the LOS for any transportation facility in the proiect area is (1) currently worse than the
acceptable level of service or (2) proiected to become worse than the acceptable level of service dunne
the five year period of the TIAR any rezoning of the property if approved shall contain conditions that
re~c uire 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
protected 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 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 area miti at~on.
i3) 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.
(fl Mitigation requirements will be deemed satisfied when:
(1) a public agency has committed funds for area 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
equivalent security or mandatory participation in an improvement district community facilities distnct,
or other equivalent means of suazanteeingperformance.
(g) A developer's azea mitigation expenses shall be credited against any fair shaze or similaz fee
requirement for roads A developer's local mitigation expenses shall be credited against any fair shaze or
similar fee requirement for roads if the council determines that the mitigation substantially benefits the
e~neral public and was not necessary primarily for the benefit of the proiect In eeneral roads that are
necessary for access to or within a development or turn lanes for a private proiect shall not qualify for
fair share credit.
(h) The following types of rezoning applications shall be required to submit a TIAR when required by
this section but shall not be required to perform area mitigation:
3
(1) Residential or other rezonines where the applicant commits and the conditions of zoning require,
that the proiect earn at least two times the number of affordable housing credits otherwise required
under Chapter 11 County affordable housing policy provided further that the annlicant shall be
entitled to the full amount of "excess credits" under section 11-15, County affordable housing
~olicy based on the number of affordable housing credits normally required.
j2 Rezoning to CV CN MCX PD or ML where the council determines that the roroiect will reduce
regional traffic congestion byproviding necessary commercial or light industrial opportunities to
serve an azea 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 any commercial development be of a scale consistent with the standazds of a "neighborhood
center" as described in the General Plan.
(i) The restrictions on occupancy shall not aproly 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.
(k) In a critical road area all rezonines shall be subiect to local and azea 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 triers 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 any development application approved after the effective
date of this ordinance or by any other pending development application if it is on a portion of the same
lot or tax map key pazcel or an adioining lot or tax map key pazcel or in the immediate vicinity of the
development.
(m) A change of zone application shall not be granted unless• (1) the department of water suproly 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 rorivate 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 zoning delay occuroancy until the necessary improvements
are actually constructed.
(n) To facilitate the development of village centers in rural azeas that are not cun•ently served by a public
water svstem the council may waive the water supply requirements for rezonines for commercial or
light industrial uses in azeas that do not currently have a public water system and where the department
of water suroply has no plans to build a public water svstem and which are (1) designated as an "urban
and rural center" or "industrial area" on Table 14-5 of the General Plan and (21 designated for urban use
on the Land Use Pattern Allocation Guide Map of the General Plan• provided that conditions of zoning
shall require water suroply consistent with public health and safety needs such as sanitation and fire-
fighting.
4
(o Nothing in this section shall limit the ability of the council to impose reasonable roadway or 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 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.
5
~`y ........4
COUNTY OF HAWAII STATE OF HAWAII
'.••n.N.~,•'
BILL NO.
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 neaz 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 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 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.
(a) Purpose In addition to requirements otherwise imposed this section creates concurrence standards
for roads and water suaoly in chanee of zone actions.
(b) Aaolicabiliri This section applies to anv application for Irezexiuel chanec of zoning district, or
for an extension of time to perform a condition of zoning received by the Plamm~e Deoaztment after the
effective date of this ordinance.
(cl Definitions As used in this section:
`Acceptable level of service' means that the level of service of a transportation faciliri 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 azea in which transportation facilities will be required to
miti at~imoacts 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 Capaciri
Manual Transportation Research Board.
`Mitigation' means specific actions to reduce traffic congestion Mitigation is of two ripest `local
mitigation' which consists of improvements to roads and intersections that are in the immediate viciniri
of a proiect, including channelization of intersections tum lanes into a proiect and similar
improvements `Area mitigation' consists of improvements which increase the capaciri of an arterial or
other major road such as additional lanes in the general region containing the proiect or construction of
anew arterial or collector road in the general area containing the proiect or improvements to public
transportation such as buses or park and ride facilities sufficient to offset the traffic demand venerated
by the proiect.
`Occupancy' means (ll the issuance of a certificate of occupancy for a commercial, multifamily.
industrial building hotel or other structure requiring a certificate of occupancy (2) the issuance of a
building permit for residential buildings that do not require a certificate of occupancy or (3I final
subdivision approval for subdivisions where dwellings are allowed. but dwellings are not being
constructed before sale of any lot.
`Project azea' 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
twenri-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
(I1 A traffic impact analysis report (TIARI orepazed 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 trips shall be based on the Institute
of Transportation Engineers "Trio 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 used the determination shall be based upon a
2
ripical mix of uses found in that zoning ripe in the communiri The TIAR shall be certified as having
been conducted in accordance with best practices by a professional engineer licensed in the State of
Hawaf i.
(2) The TIAR shall assess impacts to transportation facilities in the immediate viciniri and
general area of the proiect and to the transportation facilities serving the proiect area.
The TIAR shall include projections for future growth in traffic for a minimum of five, ten.
and twenri veazs 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 TZAR 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 budgetary cost estimates
for the capital and operating costs of promising alternative plans.
(e) Mitigation Reguired.
(1) If the LOS for any transportation facility in the proiect area is (1) currently worse than the
acceptable level of service or (2) proiected to become worse than the acceptable level of service donne
the five year period of the TIAR any rezoning of the property if approved shall contain conditions that
require mitigation of adverse traffic effects before occupancy of the proiect 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
viciniri of the proiect the conditions of zoning shall require local mitigation Where the defic~encv fisl Formatted
in LOS is due to insufficient capaciri in the transportation facilities serving the proiect azea, the
conditions of zoning shall require area mitigation.
(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.
(fl Mitigation requirements will be deemed satisfied when:
(1) a public agency has committed funds for area 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 imnrovement In the case of the Counri 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
equivalent security or mandatory participation in an improvement district communiri facrht~es drstrtct,
or other equivalent means of euaranteeingperformance.
( ) A developer's area mitigation expenses shall be credited against any fair share or similar fee
reguirement for roads A developer's local mitigation expenses shall be credited against any fart share or
similar fee requirement for roads if the council determines that the mitigation substantially benefits the
3
general public and was not necessary primazily for the benefit of the project In general, roads that are
necessary for access to or within a development or turn lanes for a private protect shall not qualify for
fair share credit.
(h) The following ripes of rezoning applications shall be required to submit a TZAR when required
b~ t6:c cnrHnn 6uf c6a11 iwrwl tint ha rermired t0 DerfOrm area mltlgatlon:
(1) Residential or other rezonines where the applicant commits and the conditions of zoning require,
that the project gam at least Ithreel two times the number of affordable housing credits otherwise
required under Chapter 11 Counri affordable housingpolicv provided further that the applicant
shall be entitled to the full amount of "excess credits" under section 11-15, Coupty affordable
housin policy based on the number of affordable housing credits normally regmred~ oeletad:.
Rezoning to CV CN MCX PD or ML where the council determines that the project will reduce
e Tonal traffic congestion by providing necessary commercial or light industrial opportumhes 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 any commercial development be of a scale consistent with the standards of a "neighborhood
center" as described in the General Plan.
(i) The restrictions on occupancy shall not apply to the construction of infrastructure such as water
tanks roads sewage treatment plants or other project elements that do not generate substantial traffic.
(i) The council may designate critical road areas by ordinance.
(k) In a critical road area. all rezonines shall be subject to local and area mitigation. except as stated in
subsection (h).
(D In order to determine whether a rezoning aonlication meets the TIAR threshold of 50 or more peak
hour trios and to prevent applicants from going below the TZAR threshold by dividing a oroiect into
moments the director shall review all development proposed on the same or adjacent 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 pending development application if it is on a portion of the same
lot or tax map key pazcel or an adjoining lot or tax map key pazcel or in the immediate vicinity of the
development.
(m) A change of zone application shall not be granted unless (1) the department of water suoply 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 existino public water system. or a private water
system equivalent to the requirements of the department of water suoply will be provided il-• •
develeeeel to meet the water needs of the oroiect and conditions of zoning delay occupancy until the
necessary improvements are actually constructed.
(n) 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 rezonines For commercial or
li h[ industrial uses in areas that do not currently have a oublic water system. and where the department
4
of water supply has no plans to build a public water system and which are (1) desienated as an "urban
and rural center" or "industrial area" on Table 14-5 of the General Plan and (21 desienated for urban use
on the Land Use Pattern Allocation Guide Mao of the General Plarr provided that conditions of zonine
shall require water supply consistent with public health and saferi needs such as sanitation and fire-
fi htin .
~ Nothine in this section shall limit the abiliri of the council to impose reasonable roadway or water
improvement requirements on than es 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:
COUNCIL MEMBER, COUNTY OF HAWAII
Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
5