HomeMy WebLinkAboutOrdinance 07-099COUNTY OF HAWAII
STATE OF HAWAII
BILL NO. 318
07 99 (Draft 3)
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 25, ARTICLE 2, DIVISION 4, HAWAFI 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 HAWAI'I:
SECTION 1. Purpose and findings. The council finds that because of road congestion in
Hawai'i 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 necessary for sanitation and firefighting, in these circumstances, can be handled by
requiring adequate storage facilities.
SECTION 2. Chapter 25, article 2, division 4, Hawai'i 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.
(a) Purpose. 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 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 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 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 proiect, 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 occupancv; 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 AM or PM 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 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 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 proiect 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 (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 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:
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
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.
6) 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 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 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-
fighting.
(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.
F
Fiff "0=101401 ".V
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
mrz;a; Co<rim. a07 to
OFFICE OF THE COUNTY CLERK
County of Hawaii
Hilo, Hawaii
Introduced By: Pete Hoffmann
Date Introduced: September 7, 2006
First Reading: May 2, 2007
Published: May 12, 2007
REMARKS : Sept. ?, 2006 - Filed due to
_ of .lycs_ & 6, noes; _0ct._ 16, 2006 -
.',am._ts ro -lie Pla:ning Director &
ommi ,�sicn; Feb. 21, 2007 -
I'_ant:'.r_-1 C,mi�iittee recommits to Planning
Cc'rL�COmai'S =ion; Sept. 20, 2006 - Pending
motion for reconsideration April 18, 2007 - Postponed'
May 16. 2007 - held over pursuant to Council Rule 25 (e)
Second Reading: June 1, 2007
To Mavor: June 12, 2007
Returned: June 26, 2007
1[ffective: June 25, 20_07
Published: July 3, 2007
REAI.ARKS-
(Draft 2)
ROLL CALL VOTE "
AYE'S
NOES
ABS
EX
Ford
X
Higa
X
Hoffmann
X
Ikeda
X
1
Jacobson
X
Naeole
X
Pilago
X
Yagong
X
oshimo
X
!to
5
4
0
0
(Draft 3)
ROLL CALL VOTE
AYF,S
NOES
ABS
EX
Ford
X
Higa
X
Hoffmann
X
Ikeda
X
Jacobson
X
Naeole
X
Pilago
X
Yagong
X
Yoshimoto
X
5
4
0
0
I DO IIEREBY CERTIFY that the foregoing BILL was adopted by the County Council published as
indicated above.
APPR VED AS TO
FO ND LEGALITY•
COUNCIL H IRMAN
PU Y CORPORATION COU
COL1 TY OF HAWAII %
COUNTY CLERK
Date
Bill No.: 318(Draft 3)(2004 -2006)
_ C- 307.18/PC -106
pproG� Disupprovedthis 2"; day Reference:
Ord No.: 07 99
20 01
r4� O :)0 HA W 1 'I