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HomeMy WebLinkAboutORD 2007-099 2006-2008 ~tv,w COUNTY OF HAWAII STATE OF HAWAII "oi'A~'~ BILL NO. sir (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 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 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. ~Lurpose. In addition to requirements otherwise imposed, this section creates concurrence standards for roads and water supply in change of zone actions. (b) Applicability. This section applies to any application for chance of zoning district, or for an extension of time to perform a condition of zonine, 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 zoning has been granted by the county. `Critical road area' means a geographical area where any of the transportation facilities servine the area have been determined by the council to be worse than the acceptable level of service. `Immediate vicinity of a project' means the area in which transportation facilities will be required to mitieate 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 Hiehway 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 project, including channelization of intersections, turn lanes into a project 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 containinG the project, or construction of anew arterial or collector road in the general area 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 (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 are not being constructed before sale of any lot. `Project area' means the azea in which the project 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 (TIARI, 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 trips shall be based on the Institute of Transportation Engineers "Trip Generation Handbook" or any other nationall~gnized source When the number of trips depends upon the exact future uses of the site and those are unknown at the time of rezoning (for example the types of commercial uses), 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. (2) The TIAR shall assess impacts to transportation facilities in the immediate vicinity and general azea of the project, and to the transportation facilities serving the proiect azea. (3) The TIAR shall include projections 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 budgetazy cost estimates for the capital and operating costs 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) projected to become worse than the acceptable level of service during 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 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 project area, the conditions of zoning shall require azea 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. (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 equivalent security or mandatory participation in an improvement district, community facilities district, or other equivalent means of guaranteeing performance. (g) A developer's area mitigation expenses shall be credited against any fair share 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 general public and was not necessary primarily for the benefit of the proiect. In general, roads that are necessary for access to or within a development or turn lanes for a private project 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: (1) Residential or other rezonings 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 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 providing necessazy 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 any commercial development be of a scale consistent with the standards of a "neiehborhood center" as described in the General Plan. (il 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. {j) The council may designate critical road areas by ordinance. (k) 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 project into segments, the director shall review all development proposed on the same or adjacent 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 keypazcel, 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 supply has determined that it can meet the water requirements of the project and issue water commitments using its existing_system• or (2) specific improvements to the existing public water system, or a private water system 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 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 rezonings for commercial or light industrial uses in areas that do not currently have a public water system, and where the department 4 of water supply has no plans to build a public water system, 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 Man 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 (o) Nothing in this section shall limit the ability of the council to impose reasonable roadway or water improvement requirements on changes of zone or to deny change 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: ~ 2 f ~ t COUN EMBER, OUNTY O HAWAII - Hilo, Hawaii Date of Introduction: September 7, 2006 Date of 1st Reading: May 2, 2007 Date of 2nd Reading: ,Tune 1, 2007 Effective Date June 25, 2007 ;:.f:: Comm. ~o~ ~ a 5 OFFICE OF THE COUNTY CLERK County of Hawaii Hilo, Hawaii Draft 2 Introduced By: Pete Hoffmann ROLL CALL VOTE"' Datclntroduced: September 7, 2006 AYE'S NOES ABS ~ EX First Reading: May 2, 2007 Ford X Published: May 12, 2007 Higa X REMARKS` ,Sept. 20C6 -_Fi1ed due to Hoffmann X ~,,i es sf_3 .~yes__ s 6noes; _0_ ct. 16, 20pg - Ikeda X ~ ~in_La rn -lie Y-a: ning Director & Jacobson X '_.~r_ni~. u_.~o?~-ni~sicn; F'eb. 21, 2007 - Naeole X I'_anr:'_q .~~mi~iittee recommits to Planning pilago X Cc~r~Li COm:ni s=ion; Sept. 20, 2006 - Pending yagong X motion for reconsideration April 18.2007 -Postponed' Yoshimoto X May 16~ 2007 -held over pursuant to Council Rule 25 (e) 5 9 0 0 Second Reading: June 1, 2007 (Draft 3) To Mayor: June 12, 200'7 ROLL CALL VOTE - Returned: June 26, 2007 1 - AYF,S NOES ABS EX I[ffective: June 25, 2007 Ford X Published: July 3, 2007 X Higa Hoffmann X REA9.AXh'S- ~ - Ikeda X - Jacobson X - - Naeole X - Pilago X Yagong X Yoshimoto X 5 9 0 0 l UO /llsREBP CERTIFY that the,foregoang BILL was adopted by the County Council published as indicated aboi~e. APPR VEDAS TO ! ~ •r~(''' "~w , ~ FO ND LEGALITY• COUNCIL ~H IRMAN PU Y CORPORATION COU t~,.!_ ~t , ~ ~ COU TY OF HAWAII COUNTY CLERK Date 318 (Draft 3)(2004-2006) Bill No.: _ C-307. 18/PC-106 pproG~ Disapproved this Z~i~ day Reference: Ord No.: 07 99 o/ ~ wv~e, 20~. - r' A 'OR, ( ) 7 0~~~17