Loading...
HomeMy WebLinkAboutRES 686 Draft 01 2006-2008COUNTY OF HAWAII RESOLUTION NO. STATE O F HAWAI `I X86 ~8 A RESOLUTION REQUESTING THE PLANNING DIRECTOR TO INITIATE AN ORDINANCE TO AMEND CHAPTER 25, ARTICLE 2, DIVISION 4, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) BY AMENDING SECTION 25-2-46 RELATED TO CONCURRENCY CONDITIONS. WHEREAS, recognizing the need for well-planned, community-based, responsible future growth in the county, the council wishes to take a more proactive role in establishing policies for the approval of new developments within the county; and WHEREAS, the Hawaii County Charter section 3-15 charges the cow~ty council with the. responsibility for enacting zoning, subdivision, and other such ordinances when it states, in part: "The county council shall adopt by ordinance a general plan which shall set forth the council's policy for long-range comprehensive physical development of the county. It shall contain a statement of development objectives, standards and principles with respect to the most desirable use of land within the county for residential, recreational, agricultural, commercial, industrial and other purposes ... and such other matter as may, in the council's judgment, be benef cial to the social, economic, and governmental conditions and trends and shall be designed to assure the coordinated development of the county and to promote the general welfare and prosperity of its people.... (a) The council shall enact zoning, subdivision, and such other ordinances which shall contain the necessary provisions to carry out the purpose of the general plan. (b) No public improvement or project, or subdivision or zoning ordinance, shall be initiated or adopted unless the same conforms to and implements the general plan....": and WHEREAS, county residents have repeatedly expressed their perception that rapid grov~~ih is leading to overburdened public facilities and a diminishing quality of life in the county, and their frustration with the lack of infrastructure in the form of inadequate public parks and recreational facilities, wastewater treatment facilities, and police and firefighting facilities in their communities; and WHEREAS, amendments to the zoning code will ensure that developments proposed in a particular area are assessed considering a number of factors, including how much public infrastructure, namely parks and recreational facilities, wastewater treatment facilities, and police and firefighting facilities, is challenged by recent or anticipated growth in the area; now, therefore, BE IT RF.SOLVEll BY THE COUNCIL OF THE COUNTY OF HAWAII that pursuant to section 6-4.2(c) of the Hawaii County Charter 2000 (2006 Edition) and subsection 25-2-43(b) of the Hawaii County Code 1983 (2005 Edition. as amended), the planning director i~ requested to submit comments and f •~~ctInrenda':~~ris :~. *he proposed zoning code ari~endments as set forth in the proposeu bill for 111 ordinance attached hereto as Exhibit "A" and h}' reference made a part hereof, or to prepare a similar bill for an ordinance to create concurrency standards for parks and recreational facilities; wastewater treatment facilities, and police and firefighting facilities in change of zone actions; and BE IT FURTHER RESOLVED that pursuant to section 6-4.3(c) of the Hawaii County Charter 2000 (2006 Edition) and subsection 25-2-43(b) of the Hawaii County Code 1983 (?405 Edition, as amended), the planning commission is requested to review and transmit, with recommendations, the proposed bill for an ordinance throttgh the mayor to the council for consideration and action; and BE IT FLIRTNER RESOLVED that the council shall consider said draft bill far an ordinance following said 120-day review period in order to make modifications, additions, or deletions to the change of zone review and approval procedures, which are: within the council's authority as the legislative branch of the County of Hawaii; and BE IT FINALLY RESOLVED that the County Clerk shall forward copies of this resolution to the Honorable Mayor Harry Kim, the Planning Department, the Planning Commission, the Department Parks and Recreation, the Department of Environmental Management, the Police Department, and the Fire Department. Dated at Kona , Hawaii, this 23rd day of July ~_, ?008 ('UUN tY C:UUNC.'1L County of Hawaii Hilo, I~awai`i i hereby certify that. the foregoing RESOLUTION was by tine vote indicated to the right hereof adopted by the COUNCIL of the ~~uurty of Ha~ti~ai`i on --.July 23 ~_ 2008 __ AT1'1JST: C-.._..,. -_ ... ___-----~ a. Y Reference:__- __-- _-- c....._...- ~._..._,. !~'Q N Y CLERK CHAIRMAN & PRESI I G n ~FI .bR ~` ESULLiTIC)N NO. AVLL l.t1LL V V 1 L' -~ I'ORI} 1YES X NOF;S --- ; ABS -,~ --- ---t ~ ~ ~ ----- _ _-_ _i I HIGH - , t I --- ~ ---- -` -- ~---------~ ____-_-- ~ r HOFFMANN IKEDA X ----} ---X - }-------~~ JACOBSON AEOLi: ~ N X - ~ r - --- --_-.~ --.----J . }~ j ~ PIL GO ~ A X-- ~-- --- --_____' ---- YAGONG_ __-'__ - YOSIllN10"TO ~ X__ ~---_ }~ j ~- I -- ~ I ~ --_____._ I----- ---- ---_-- -- 8 ~--- ~ _ .1-- -~-- - C-1295/PC- g_g ___ Exhibit A COUNTY OF HAWAII STATE OF HAWAII BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, DIVISION 4, HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED) BY AMENDING SECTION 25-2-46 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 rapid population growth in Hawaii County in areas with inadequate infrastructure and public services to accommodate such growth, it is necessary to assess the impacts of new developments at the time of rezoning. 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, in communities which are not at present adequately served by public parks and recreational facilities, wastewater treatment facilities, and police and fire stations. If these new developments will generate demands for expanded parks and recreational facilities, expanded wastewater treatment facilities, or expanded police or fire stations, or will generate such demands upon full build-out in the foreseeable future, then the rezoning should not take effect unless improvements to infrastructure and public services occur before the occupancy of the project. SECTION 2. Chapter Z5, article 2, division 4, sectiot+ ?5-2-46, Hawaii County Code 1983 (?005 Edition, as amended), is amended to read as follows: "Section 25-2-46. Concurrency requirements. (a) Purpose. In addition to requirements otherwise imposed, this section creates concurrency standards for roads, [a-~] water supply, parks and recreational facilities, wastewater treatment facilities and police and firefighting facilities in change of zone actions. (b) Applicability. This section applies to any application for change of zoning 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 a.m. and p.m. 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 project" 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 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 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 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 are not being constructed before sale of any lot. "Project area" means the area 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 a.m. or p.m. peak is "E" or "F". (d) Traffic Impact Analysis Report Required. (I) 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 fifty 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 are unknown at the time of rezoning (for example, the types of commercial uses), the determination shall be based upon a 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 Hawaii. 2 (2) The TIAR shall assess impacts to transportation facilities in the immediate vicinity and general area of the project, and to the transportation facilities serving the project area. (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 project 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 plans for mitigating those impacts. The evaluation shall include budgetary cost estimates for the capital and operating costs of promising alternative plans. (e) Mitigation Required. (1 } If the LOS for any transportation facility in the project area is (A) currently worse than the acceptable level of service, or (B) 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 project is permitted, or that occupancy be delayed until the level of service has reached the acceptable level and is no longer projected 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 project, 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 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. (f) Mitigation requirements will be deemed satisfied when: (1) A public agency has committed funds for area mitigation that will remove the I.OS 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 similar fee requirement for roads if the council determines that the mitigation substantially benefits the general public and was not necessary primarily 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 project shall not qualify for fair sl-iare credit. 3 (h) The following types of rezoning applications shall be required to submit a TZAR 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 project 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 project will reduce regional traffic congestion by providing necessary 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 "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. (j) Tlae 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 fifty or more peak hour trips, and to prevent applicants from going below the TI_AR 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 key parcel, or an adjoining lot or tax map key parcel, 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 project 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 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 area" on table 14-5 of the general plan and (2) designated for urban use 4 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-fighting. (o) A change of zone application shall not be granted unless• (1) the department of parks and recreation has determined that it can meet the recreational requirements of the project using its existing facilities and staff; or (2) specific improvements to the existin public arks and recreational facilities or private parks and recreational facilities approved by the department ofparks and recreation will be provided to meet the recreational needs of the proiect and conditions of zoning delay occupancy until the necessary improvements are actually constructed. The minimum standard for determinin adequacy ofparks and recreational facilities shall be five acres ofpublic~ark area with developed recreational facilities for each one thousand residents in the district(s) in which the change of zone is located (p) A change of zone application shall not be granted unless• (1) the department of environmental management has determined that it can meet the wastewater requirements of the project and issue sewer commitments using its existing system• or (2) specific improvements to the existing public sewer system, or a~rivate sewer system equivalent to the requirements of the department of environmental management will be provided to meet the wastewater needs of the project and conditions of zoning delay occupancy until the necessary improvements are actually constructed (g To facilitate the development of village centers in rural areas that are not currently served by a~ublic sewe~• system, the council may waive the sewer requirements for rezonings for commercial or light industrial uses in areas that do not currently have a public sewer system and where the department of environmental mana ement has no fans to build a ublic sewers stem and which are 1 desi nated as an ``urban and rural center" or "industrial area" on table 14-5 of the eneral~lan and (2, designated for urban use on the land use pattern allocation guide ma op f the enerai.plan• provided that conditions of zoning shall require wastewater treatment systems consistent withpublic health and safety needs as deterr~nined by the State department of health. (r) A change of zone application shall not be granted unless• (1 the police department has determined that it can meet the public safety requirements of the project using its existing facilities and staff• or (2 ) specific improvements to the existingpublic police facilities will be provided to meet thepublic safety needs of the project and conditions of zoning dela occupancy until the necessary improvements are actually constructed. The minimum standard for determining adeQUac~of police facilities shall be one manned police station for each twelve thousand five hundred residents in the districts) in which the change of zone is located. The minimum standard for determinin adequacy of police personnel shall be three olice officers for each one thousand residents in the districts in which the chan e of zone is located. (s) A change of zone application shall not be granted unless• ~1) the fire department has determined that it can meet the fire safety requirements of the project using its existing facilities and staff• or (2) specific improvements to the existing public firefighting facilities or private firefi hting facilities approved by the fire department will be provided to meet the public safety needs of the project and conditions of zoning delay occupancy until the necessary improvements are actually constructed The minimum standard for determining adequacy of fire personnel shall be five fire fi hting_personnel per shift and fifteen fire fighting personnel per fire station in the district,~s) in which the change of zone is located [fie-}]~ Nothing in this section shall limit the ability of the council to impose reasonable roadway1 [er] water,~arks and recreational, wastewater treatment and police and fire-fi~htin facilityimprovement 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: COUNCIL MEMBER, COUNTY OF HAWAII _ , Hawaii Date of Introduction: Date-s~f 1st Reading: Date of 2nd Reading: Effective Date: 6