HomeMy WebLinkAboutCOM 0729.002 2008-2010 Pete Hoffmann t� Of Phone No. Hilo: (808) 961-8027
•' +,' , Phone No. Waimea: (808) 887 -2043
Councilman , \,1,1
71. 9 - North and South Kohala „ Fax No.: (808) 887 - 2072
+cam. �:.... �• E -Mail: phoffmann@co.hawaii.hi.us
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HAWAII COUNTY COUNCIL
County of Hawai'i
Hawaii County Building Holomua Center
25 Aupuni Street 64 -1067 Mamalahoa Highway, Suite C -5
Hilo, Hawai'i 96720 Waimea, Hawaii 96743?,
c
'['0: J Yoshimoto, Chair
and Members of the Hawai`i County Council uF -
FROM: Pete Hoffmann, Council Member iv\ �_ - t /!
• DATE: July 1, 2010 —
4r
SUBJECT: Proposed Amendments to Bill 215; Relating to Concurrency Conditions
Bill 215 amends section 25 -2 -46 of the Hawai`i County Code, by adding concurrency conditions
relating to parks and recreation and fire safety.
The following proposed amendments to Bill 215 add and remove language to subsections (o) and (p).
Ramseyer format is applied with respect to the contents of Bill 215: Material proposed for deletion is
bracketed and stricken through; material proposed for addition is underscored.
1. Subsection (o) of Bill 215 is amended to read as follows:
"(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 existing public 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
necessary improvements are actually constructed. The minimum standard for determining
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 change 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.
If it is determined that the recreational requirements that will be created by the project cannot be met
using existing facilities or staff, in lieu of providing specific improvements to existing facilities, the
applicant may contribute a beach park with bathroom and adequate parking facilities or an open park
Comm. No • 1,Z-.a • .�
Serving the Interests of the People of Our Island Ref. To
Ref. Dote
Hawai`i County Is An Equal Opportunity Provider And Employer
11 D G 2
July 1, 2010
Page 2 of 2
space that may be accessed by the public for hiking, bicycling, and other similar activities, providing
those activities shall not damage, destroy, or otherwise negatively impact the environmental character
of the open park space."
2. Subsection (p) of Bill 215 is amended to read as follows:
"(p) 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 firefighting 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 arc actually
constructed].
Only fire stations within a fifteen -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.
If it is determined that the fire safety requirements that will be created by the project cannot be met
using existing facilities or staff, in lieu of providing specific improvements to existing public or private
firefighting facilities the applicant may provide one or both of the following: contribution of
firefighting equipment to the nearest existing fire safety facility to include but not be limited to fire
vehicles and firefighting gear and supplies; or installation of fire hydrants and water lines in areas
deemed appropriate by the fire chief and planning director. The planning director, with the approval of
the council, shall determine the appropriate level of contribution of firefighting equipment or
installation of fire hydrants and water lines, or both, to meet the concurrency requirements in lieu of
the provisions of paragraph (2) of this subsection.
The concurrency requirements of this subsection shall not be applicable for a rezoning that will create
less than twenty additional lots, which shall instead be subject to the impact fee or `fair share system'
to meet the fire safety needs created by the impact of the project."
A draft copy of Bill 215, Draft 2, is attached with these proposed amendments incorporated and
Ramseyer format applied with respect to the contents of the Hawai`i County Code.
"Thank you.
PH /kf
Att.
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, DIVISION 4, SECTION 25 -2 -46 OF
THE HAWAII COUNTY CODE 1983 (2005 EDITION, AS AMENDED), RELATING 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 of the 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, [and] 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.
"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 Hawai`i.
(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
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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 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) 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).
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(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.
(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.
(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 existing public 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 necessary improvements are actually
constructed. The minimum standard for determining 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
change 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.
If it is determined that the recreational requirements that will be created by the project
cannot be met using existing facilities or staff, in lieu of providing specific improvements
to existing facilities the applicant may contribute a beach park with bathroom and adequate
parking facilities or an open park space that may be accessed by the public for hiking,
bicycling, and other similar activities, providing those activities shall not damage, destroy,
or otherwise negatively impact the environmental character of the open park space.
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(p) 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
firefighting facilities approved by the fire department will be provided to meet the
public safety needs of the project and conditions of zoning.
Only fire stations within a fifteen -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.
If it is determined that the fire safety requirements that will be created by the project
cannot be met using existing facilities or staff, in lieu of providing specific improvements
to existing public or private firefighting facilities the applicant may provide one or both of
the following: contribution of firefighting equipment to the nearest existing fire safety
facility to include but not be limited to fire vehicles and firefighting gear and supplies; or
installation of fire hydrants and water lines in areas deemed appropriate by the fire chief
and planning director. The planning director, with the approval of the council, shall
determine the appropriate level of contribution of firefighting equipment or installation of
fire hydrants and water lines, or both, to meet the concurrency requirements in lieu of the
provisions of paragraph (2) of this subsection.
The concurrency requirements of this subsection shall not be applicable for a
rezoning that will create less than twenty additional lots, which shall instead be subject to
the impact fee or `fair share system' to meet the fire safety needs created by the impact of
the project.
[e](q) Nothing in this section shall limit the ability of the council to impose reasonable roadway,
[of] 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 and stricken material, and
underscoring need not be included.
SECTION 5. This ordinance shall take effect upon approval.
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