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HomeMy WebLinkAboutREP PC 088 07/01/2008 2006-2008 REPORT OF THE COMMITTEE ON PLANNING DATE: July 1, 2008 Re: Comm. 1295/Resolution 686-08 PLACE: Councilroom Ben Franklin Building 333 Kilauea Avenue, 2"" Floor Hilo, Hawaii TIME: 2:00 p.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Resolution 686-08, reports as follows: Resolution 686-08, transmitted via Communication 1295 from Council Chairperson Pete Hoffmann, dated June 16, 2008, requests 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 relating to Concurrency Conditions. Resolution 686-08 outlines the necessity for well-planned, community-based, responsible future growth in the County and for which the Council wishes to take a more proactive role in establishing policies for approval of new developments within the County. It also notes that residents have repeatedly expressed their perception that rapid growth is leading to overburdened public facilities and a diminishing quality of life, and their frustration with the lack of infrastructure in the form of adequate public parks, recreational facilities, wastewater treatment facilities, police and firefighting facilities in their respective communities. Resolution 686-08 states that the proposed amendment to Section 25-2-46 expands concurrency requirements to include parks and recreational facilities, wastewater treatment facilities, and police and firefighting facilities. The resolution requests that the proposed bill be transmitted back to the Council for consideration within 120 days from the transmittal of the resolution to the planning director. The proposed Ordinance attached to Resolution 686-08 amending Chapter 25, Article 2, Division 4, Section 25-2-46, Hawaii County Code 1983 (2005 Edition, as amended) provides the following: • Section 25-2-46(a) provides concurrency standards for parks and recreational facilities, wastewater treatment facilities, and police and firefighting facilities in change of zone actions, in addition to roads and water supply; • Adds a new subparagraph "(o)" restricting granting of a change of zone application unless the Department of Parks and Recreation has determined that the application can meet certain recreational requirements and setting five-acres of public park with PC Report No. 88 Communication 1295 Resolution 686-08 Page 2 of 3 developed recreational facilities per each one thousand residents in the district as the minimum standard for determining adequacy; • Adds a new subparagraph "(p)" restricting granting of a change of zone application unless the Department of Environmental Management determines it can meet wastewater requirements of the project; • Adds a new subparagraph "(q)" that allows for a waiver of sewer requirements by the Council in rural areas not currently served by a public sewer system to facilitate the development of village centers; • Adds a new subparagraph "(r)" restricting granting of a change of zone application unless the Police Department first determines that it can meet public safety requirements of the project using its existing facilities and staff; • Adds a new subparagraph "(s)" restricting granting of a change of zone application unless the Fire Department first determines it can meet fire and safety requirements of the project using its existing facilities and staff, and • Renumbers the original subparagraph "(o)" as the new subparagraph "(t)" and adds to the existing language the ability of the Council to also impose reasonable parks and recreational, wastewater treatment, and police and firefighting facility improvement requirements on changes of zone. At the July 1, 2008 Committee on Planning meeting, Council Chair Hoffmann explained that if the resolution is approved, the proposed concurrency bill would be forwarded to the Planning Director and Planning Commission for review and recommendation. Mr. Hoffmann also clarified that a vote on the resolution is not a vote on the proposed concurrency guidelines, but rather is a vote to request that the Planning Director and Planning Commission consider the proposed draft attached to the resolution and submit recommendations and/or a revised version of the bill. Councilmember Ford noted some minor typographical errors discovered in the proposed draft of the bill and clarified that the minimum standard for determining adequate police service is three police officers per 1,000 residents. Councilmember Yagong expressed concerns regarding the ability to meet the requirements of adequate police service, especially since those minimum standards are not being met now. Additionally, Mr. Yagong stated he believed that the proposed bill, as written, would not allow any rezoning to take place unless a developer builds a police station or pays for more police personnel. Mr. Yagaong stated for example, if Hamakua has a population of 15,000, based on the stated minimum standard, fifteen (15) police officers are required which it does not have to begin with. Mr. Yagong said although he is in support of concurrency, he felt a need to differentiate between a developer of a parcel or parcels of land for profit and that of a family who subdivides a piece of property to provide lots for family members. PC Report No. 88 Communication 1295 Resolution 686-08 Page 3 of 3 Council Chair Hoffmann stated that Mr. Yagong raised very valid questions and concerns and that he would make certain the language as contained in the bill relating to minimum standards is not being read incorrectly and would check into that. Planning Director Yuen said these comments raise questions of interpretation and therefore the Council should make clear its interpretation of "minimum standards." Otherwise, this will remain a question when the Director forwards the matter back to the Council. Mr. Yuen said he would like the Council to clarify this beforehand. Your Committee on Planning is in accord with the purpose and intent of Resolution 686-08 and recommends its adoption. and AYES NOES A&.E Ex Respectfully submitted, FORD x HIGA x COMMITTEE ON P G HOFFMANN x H{EDA x JACOBSON x NAEOLE x K. ANGEL PILA , CHAIR PH.AGO x YAGONG x PC REPORT NO.$ YOSMAIOTO x ADOPTED: 3111 3 20nA