HomeMy WebLinkAboutRES 219 Draft 01 2008-2010COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION NO. 219 09
A RESOLUTION REQUESTING THE PLANNING DIRECTOR AND PLANNING
COMMISSIONS' RESPECTIVE COMMENTS AND RECOMMENDATIONS, 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 county 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 beneficial 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
growth is leading to overburdened public facilities and a diminishing quality of life in the county,
and their frustration with the lack of infrastructure in their communities: and
WHEREAS, at least one of the recently adopted community development plans (CDP),
namely the South Kohala CDP, explicitly supports the principle of "concurrency" in which new
development should not take effect unless improvements to infrastructure and public services
occur before the occupancy of the project; 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 within a defined radius of the proposed new development, namely parks and
recreational facilities and firefighting facilities, is challenged by recent or anticipated growth in
the area; now, therefore,
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 within a defined radius of
the proposed new development, namely parks and recreational facilities and firefighting facilities, is challenged by
recent or anticipated growth in the area; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAW AI'I that pursuant to section 6-
4.2(c) of the Hawai'i County Charter 2000 (2006 Edition) and subsection 25-2-43(b) of the Hawai'i County Code
1983 (2005 Edition, as amended), the planning director is requested to submit comments and recommendations on
the proposed zoning code amendments as set forth in the proposed bill for an ordinance attached hereto as Exhibit
"A" and by reference made a part hereof, or to prepare a similar bill for an ordinance to create concurrency
standards for parks and recreational facilities and for firefighting facilities in change of zone actions.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAW AI'I that pursuant
to section 6-4.3(c) of the Hawai'i County Charter 2000 (2006 Edition) and subsection 25-2-43(b) of the Hawai'i
County Code 1983 (2005 Edition, as amended), the planning commissions are requested to review and transmit,
with recommendations, the proposed bill for an ordinance through the mayor to the council for consideration and
action.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI'I that the
council shall consider said draft bill for an ordinance following said l20-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 Hawai'i.
BE IT FINALLY RESOLVED BY THE COUNCIL OF THE COUNTY OF HAW AI'I that the
County Clerk shall forward copies of this resolution to the Honorable Mayor William Kenoi, the Planning
Department, the Planning Commissions, the Department Parks and Recreation, and the Fire Department.
Dated at Kana
, Hawai'i, this 2nd day of September
,2009
COUNTY COUNCIL
County of Hawai'i
Hilo, Hawai'i
A TrEST:
AYES NOES ABS EX
ENRIQUES X
FORD X
GREENWELL X
HOFFMANN X
IKEDA X
NAEOLE X
ONISHI X
YAGONG X
YOSHIMOTO X
8 1 0 0
I hereby certify that the foregoing RESOLUTION was by
the voie indicated to the righi hereof adopted by ihe COUNCIL ofihe
CouniyofHawai'ion September 2, 2009 .
{~ 6e~
COUNTY CLERK
CHAIRMAN & PRESIDING OFFICER
2
Reference: C-471jPC-41
RESOLUTION NO. 21.9 09
Exhibit A
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 and fire stations. If these new developments will generate demands for
expanded parks and recreational facilities or expanded 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 25, article 2, division 4, section 25-2-46, Hawaii County Code 1983 (2005
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, [arid] water supply, parks and recreational facilities, 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 a new 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.
Exhibit A
"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.
(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 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) 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.
Exhibit A
(f) 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
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 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 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) (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) 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 fifty 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 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.
Exhibit A
(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 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.
A chance of zone application shall not be granted unless (1) the department of parks and recreation
has determined that it can meet the recreational reauirements of the project using its existine facilities
and staff; or (2) specific improvements to the existingpublic parks and recreational facilities or
private parks and recreational facilities approved by the department of parks and recreation will be
provided to meet the recreational needs of the project and conditions of zoning delay occupancy until
the necessarv improvements are actually constructed. The minimum standard for determinine
adequacy of parks and recreational facilities shall be five acres of public park area with developed
recreational facilities for each one thousand residents in the district(s) in which the chance of zone is
located. Only developed park areas, of the active neighborhood and playground/ball field type, within
a five-mile radius of the proposed rezoning shall be counted when assessing the adequacy of existing
facilities to meet the recreational needs of the project.
~ A chance of zone application shall not be eranted unless• (1) the fire department has determined that
it can meet the fire safety requirements of the project urine its existing facilities and staff or (21
specific improvements to the existing public firefighting facilities or private firefighting facilities
approved by the fire department will be provided to meet the public safety needs of the proiect and
conditions of zonine delay occupancy until the necessarv improvements are actually constructed
Only fire stations within afifteen-mile radius of the proposed rezoning shall be counted when
assessing the adequacy of existing facilities to meet the fire safety needs of the project.
~ Nothing in this section shall limit the ability of the council to impose reasonable roadway, [ee] water,
parks and recreational, and fire-fighting facility 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.
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