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HomeMy WebLinkAboutCOM 0099.000 2002-2004 Ham Kim ~M?~ °i.~ Dixie Kaetsu Mayor ~ Managing Director Peter T. Yowtg - - Deputy hfanaging llireclor e~'•.. ? COUNTY OF HAWAII 25 Aupuni Street, Zoom 218 • Hilo, Hawaii 96720-4252 • (808) 961-g21 L • F (808) 96L-6553 KON A: 75-5706 Rnakini Highway, Snite 103 • Kailua-Kona, Hawaii 740'' (RO8) 329-5226 • Fax (808) 326-5663 December 31, 2002 Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Milo, HI 96720 Dear Chairman Arakaki and Members: State Land Use Boundary Amendment Application (SLU 02-007) Request: Agricultural to Urban Change of Zone Application (REZ 02-017) Request: Agricultural (A-Sa) to Single Family Residential (RS-20) Applicants: Walter and Susan R~elton Tax Map Key: 7-5-O10:Portion of 52 and Portion of 65 Change of Zone Application (REZ 02-0 l 8) Request: Agricultural (A-Sa) to Residential and Agricultural (RA-la) Applicant: Daniel Decker Tax Map Key: 8-2-003:031 State Land Use Boundary Amendment Application (SLU 02-010) Request: Agricultural to Urban Change of Zone Application (REZ 02-020) Request: A-Sa to RS-15 Applicant: Dennis Young Tax Map Key: 7-3-10:29 / Iniliatur: Cuuny Cuuncii ,V// Proposed Bill No. 265 Amending Chapter 25 (Zoning Code) of the Hawaii County Code. Relating to Scenic Corridor Overlay District As required by Chapter 4, Sec. 6-4.3(C), Hawaii County Charter, transmitted herewith for the County Council's consideration and action are the Planning Commission's letters and enclosures regarding the above-referenced requests. Si ere , l vv" Harry Kits'(' Comm. N0. , Mayor File No. >roal9oz >nclosures 1 ~ ~ ~ Ref. To: cc: Planning Department Rer. Date JAN 13 2003 ~t~ OR M4 TI Harry Kim Moor ~?I~. W if Y{•~1A'11 County of Hawaii PLANNING COMMISSION I01 Pauahi Street, Suite 3 Hilo, Hawaii 96?20-3043 (808)961-8288 Fax (808) 901-8742 '~JiJ! Honorable James Y. Arakaki, Chairman and Members of the County Council County of Hawaii 25 Aupuni Street Hilo, HI 96720 Dear Chairman Arakaki and Members: Initiator: County Council Proposed Bill No. 265 amending Chapter 25 (Zoning Code) of the Hawaii County Code, relatine to Scenic Corridor Overlay District. The Planning Commission at its December 6, 2002 meeting voted to forward a favorable recommendation on the above matter to the County Council. The intent of the amendment is as follows: The proposed bill intends to add a new section to the Zoning Code to provide for the policy framework and set the criteria and procedures for the creation of Scenic Comdor Overlay District. The Scenic Comdor Overlay District development is intended to provide for the enhancement of the scenic, historic, recreational, cultural and/or natural features within an area adjacent to a transportation corridor. Each District shall extend for a specified distance on either side of the roadway to allow for the adoption of specific standards and conditions within the District in order to preserve, maintain, protect, or enhance the intrinsic character of the corridor. The permitted uses defined by the underlying zoning classification will remain in place. The accompanying draft bill to amend Chapter 25, Zoning Code, of the Hawaii County Code, is provided for your favorable consideration. Honorable James Y. Arakaki, Chairman and Members of the County Council Page 2 We are enclosing a copy of the staff background and additional correspondences for your information. Should you have any questions regarding the above, please do not hesitate to contact Alice Kawaha or Susan Gagorik of this department at 961-8288. mcerely, i ~ Geraldine M. Giffin, Chairman Planning Commission Lsceniccorrolpc Enclosures xc: Planning Department -Kona Nancy Pisicchio BBiI@65SccmcCortOlagk 11/7/02 COUNTY OF HAWAII PLANNING DEPARTMENT BACKGROUND REPORT COUNTY COUNCIL INITIATED PROPOSED AMENDMENT TO CHAPTER 25 (ZONING CODE), HAWAII COUNTY CODE, RELATING TO SCENIC CORRIDOR OVERLAY DISTRICTS The County Council has submitted proposed Bill No. 265 amending Chapter 25, Zoning Code, relating to Scenic Comdor Overlay Districts. The proposed bill intends to add a new section to the Zoning Code to provide for the policy framework and set the criteria and procedures for the creation of Scenic Corridor Overlay District. COUNTY COUNCIL PROPOSED BILL 1. Purpose: The County Council is initiating proposed Bill No. 265 to add a new section to Chapter 25, Zoning Code, of the Hawaii County Code relating to Scenic Corridor Overlay Districts. The amendment will serve as a policy framework for the creation of Scenic Comdor Overlay Zones in the County. However, a separate Corridor Management Plan and accompanying enabling ordinance would be required to be approved by the County Council for an individual highway to be designated as a "Scenic Corridor". 2. The Scenic Comdor Overlay District development is intended to provide for the enhancement of the scenic, historic, recreational, cultural and/or natural features within an area adjacent to a transportation corridor. Each District shall extend for a specified distance on either side of the roadway to allow for the adoption of specific standards and conditions within the District in order to preserve, maintain, protect, or enhance the intrinsic character of the corridor. The permitted uses defined by the underlying zoning c]assification will remain in place. Relevant Background Information 3. October 8, 2002: Bill No. 265, introduced by Councilman Nancy Pisicchio to the Hawaii County Council, is forwarded to the Planning Department and Planning Commission for review and consideration. (See Exhibit A) 4. County Council Plamring Committee Minutes (See Exhibit B) 5. Background information on Overlay Zones (See Exhibit C) ~tV Os N BOBBY JEAN LEITHEAD-TODD '?J}~f ~ ~ ~ Phone: 961-8261 Couneibnenrber ~ FAX: 961-8912 oi'M~~~ OFFICE OF THE COUNTY COUNCIL County of Hawaii Hawaii County Building 25 Aupuni Stree! Hilo, Hawaii 96720 October 8, 2002 TO: Chris Yuen Planning Director FR: Bobby Jean Leithead-Todd Planning Committee Chair RE: Bi11265 Relating to Scenic Corridor Overlay Districts At today's Planning Committee meeting, Committee members agreed to send Bill No. 265, relating to Scenic Corridor Overlay Districts, to the Planning Department and the Planning Commission for review and consideration, pursuant to Chapter 25 (Zoning Code), Hawaii County Code. The Planning Committee did not entertain any discussion on this measure, other than favorable comments in support of the measure from some committee members. Enclosed for your information are: 1. Communication No. 759 3. Bill No. 265 Please feel free to call me at extension 8261 if you have any questions. encl. EXHIBIT iq, t+,« Nancy Pisicchio ~ Tel: (808) 326-5684 Council Member Fax: (808)326-5697 _ L COUNTY COUNCIL County ojHawai'i _ _ - - - Kona Council ice 77-6399 Nalani Street, Suite /04 September 24, 2002 Kailua-Kona, Hawaii 96740-8980 TO: James Y. Arakaki, Chair and Members ofihe Hawaii County Council FROM: Nancy Pisicchio RE: Scenic Condor Overlay Districts Attached is a bill amending Chapter 25 of the Hawaii County Code regarding Scenic Corridor Overlay Districts. This amendment will serve as a policy framework for the creation of Scenic Corridor Overlay Zones in the County of Hawaii. But, for an individual highway to be designated as a "Scenic Corridor", a separate Corridor Management Plan and accompanying enabling ordinance would be required to be approved by the County Council. Such an ordinance would establish standards and conditions specific to an individual section of highways. Overlay Zones are a fairly common land-use tool, which provides a mechanism to establish specific, unified, land use standards and conditions that are applied in addition to the conditions already in place as defined by the underlying zoning designations. Overlay Zones are adopted for land surrounding airports in order to establish specific conditions related to airport safety, security, and access. For example,. conditions regarding heights of towers or night lights may be imposed in a region surrounding the airport. They are also often applied to flood zones for public safety as well as the establishment of linear green belt parks over flood zones. But the use of overlay zones encompassing transportation corridors is probably the most common application across the county. Typically, as one travels along a highway, the zoning designations of the adjoining properties can range from conservation to agricultural to urban to commercial within a distance ofa few miles. Therefore, an "overlay" zone provides a tool to establish specific standards and conditions, in addition to the underlying zoning designations, in order to create continuity along the transportation corridor. The overlay zone extends for a specific length and width, on a case by case basis. Within this overlay zone, conditions and standards can be established to address such things as landscaping, utility poles, signage, view planes, building standards, recreation, access, and natural, historic, and cultural resource preservation. Thank you for your consideration of this bill. I have included some additional information, which 1 hope you will find useful. Please feel free to call me at 326-5684 ifyou have any questions. encl. `(diI/ ~ 65~ Comm. 0. File No. Ref, To: Ref. Date SEP 3 0 2002 COUNTY OF HAW~I< ~ STATE OF HAWAII , Y n P = BILL NO. 265 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 25 (ZONING CODE) OF THE HAWAII COUNTY CODE, RELATING TO SCENIC CORRIDOR OVERLAY DISTRICTS. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION I. Chapter 25, Article 6, Hawaii County Code, is hereby amended by adding a new division which shall read as follows: "Division 6. Scenic Corridor Overlay Districts (SCOD). Section 256-60. Purpose and applicability. The Scenic Corridor Overlay District (SCOD) development is intended to provide for the enhancement of the scenic, historic, recreational, cultural and/or natural features within an area adjacent to a transportation corridor. The planning approach would establish a continuity in land uses and designs for rural, cultural, historic, recreational and/or scenic resources located along a transportation corridor and provide a diversity of regulatory and non-regulatory tools and techniques to apply to a variety of circumstances. The Hawaii County Council may, by ordinance, place segments of public roadways into a SCOD. Each District shall extend for a specified distance on either side of the roadway to allow for the adoption of special standards and conditions within the District in order to preserve, maintain, protect, or enhance the intrinsic character of [he corridor. The permitted uses defined by [he underlying zoning classification will remain in place. However, special standards and conditions related, but not limited to, signage, lighting, design standards, access management, landscaping, parking, height, historic and cultural preservation, view planes, and/or setbacks may be included within the SCOD enabling ordinance and adopted by the County Council. Section 25-6-61. Criteria for establishing a Scenic Corridor Overlay District. A Scenic Corridor Overlay District may be established as an amendment to this chapter whenever the public necessity and convenience and the general welfare require that a comprehensive planning approach for a transportation corridor be adopted in order to establish continuity in land uses while providing the required inftastructural facilities and systems. In addition, a Scenic Corridor may only be established if the proposed district. (a) Is consistent with the intent and purpose of this chapter and the County General Plan. (b) Will not result in a substantial adverse impact upon the surrounding area, community or region. (c) Will enhance Hawaii County's significant natural, visual, recreation, historic and/or cultural qualities. (d) Will protect and enhance the attractiveness of Hawaii County to make i[ a better place to live, work, visit, and play. (e) Will improve Hawaii County's economic vitality by enhancing and protecting our unique natural, visual, historic, cultural, and recreational resources. (f) Is located on a major or minor arterial highway or collector road. (g) Is at least three miles in length. (h) Includes at least one of the following six intrinsic qualities: (1) Scenic (2) Natural (3) Historic (4) Cultural (5) Archaeological (6) Recreational Section 25-6-62. Minimum corridor length. The minimum length required for a Scenic Corridor Overlay District is three miles. Section 25-6-63. Permitted uses. The Scenic Corridor Overlay District is superimposed upon the existing zoning without changing the applicability of the underlying zoning. The Scrnic Corridor Overlay District may encompass one or more underlying zones and serves to provide additional conditions and standards above those required by the underlying zone. Within the Scenic Corridor Overlay District, all uses permitted by the underlying zoning classification shall be permitted in the Overlay District unless otherwise defined by the conditions and standards contained in the Corridor Managemem Plan (CMP) for the Scenic Corridor Overlay District and in the Overlay District Enabling Ordinance. In a case where the conditions and standards contained in the CMP for the SCOD and in the Overlay District Enabling Ordinance differ from those within the underlying zone, the Overlay District conditions and standards shall apply. Section 25-6-64. Initiation of a Scenic Corridor Overlay District; requirements. (a) The establishment of a Scenic Corridor Overlay District must be initiated by the County of Hawai`i's Director of Planning or the Hawaii County Council by Resolution. The Resolution must demonstrate that the Scenic Corridor meets the requirements of 25-6-61. The Resolution must include: (1) A description and general location of the proposed con•idor. (2) The length of the section of road to be included in the overlay district. (3) A description of the corridor's intrinsic quality or qualities. (4) A list of names, addresses and tax map key numbers for those property owners and lessees of record of properties within the proposed Scenic Corridor Overlay 2 District as wel I as surrounding properties who are within 300 feet of the proposed Scenic Corridor Overlay District. (5) Any other plans or information required by rules adopted by the director in accordance with chapter 91 of the Hawaii Revised Statutes. (b) The Resolution will direct the Planning Director to develop a Corridor Management Plan for the proposed Scenic Corridor Overlay District. (c) Within thirty days of the adoption by the Council of the resolution, the County Planning Department shall serve notice upon all land owners and lessees whose property falls inside the boundary of the proposed overlay district, as well as those within 300 feet of the proposed Scenic Corridor Overlay District, that a Scenic Corridor Overlay District has been proposed and a Corridor Management Plan will be prepared. (d) If initiated by the director, the director shall prepare a notice containing the elements in section (a)(I)(2x3) (5) and serve it on land owners and lessees, etc. (e) Corridor Management Plan (CMP) Within twelve months after the adoption of the resolution or after service of notice, if initiated by the planning director, the Planning Department shall prepare a Corridor Management Plan and enabling ordinance which will be forwarded to the Planning Commission for its recommendation to the Hawaii County Council. A Scenic Corridor Management Plan is a written document that assesses the intrinsic qualities of the corridor and specifies actions, procedures, controls, and administrative as well as community strategies that will be pursued to maintain those qualities. Special conditions and standards developed for an individual Scenic Corridor Overlay District shall be included as part of the enabling ordinance. Elements of the Corridor Management Plan will include: (I) Vision and Goals Statement. (2) A map clearly identifying the location, length, and boundaries of the corridor. (3) An assessment of the Corridor's intrinsic qualities and their context. (4) An assessment of needs and expectations. (5) An assessment of anticipated transportation, economic, environmental and social impacts. (6) Strategy for economic development and marketing the corridor. (7) Strategy for maintaining and enhancing the Corridor's intrinsic qualities. (8) Strategy for community participazion. (9) Identification of organizations, agencies and individuals to be consulted in the planning process. (10) Identification of regulatory and non-regulatory tools recommended to implement the Corridor Management Plan. The evaluation and selection of tools needed to protect and/or enhance the corridor should be based on the following criteria: 3 (A) Provide the ability to insure that new development is consistent with the conditions and standards established for the scenic corridor, while maintaining the property owner's right for economic return on investment. (B) Provide the appropriate degree of development and aesthetic control needed to preserve and enhance quality of the corridor. (C) Provide the flexibility to apply a diversity of suitable regulatory and non-regulatory tools and techniques to a variety of circumstances. (11) Specific time schedules. (12) Standards for building design, signage, and roadway elements. In the case where the transportation corridor has not been built, the Corridor Management Plan may include special design standards for the corridor development. (13) Methods for interpreting significant resources. (f) The director shall forward the Corridor Management Plan to the commission together with the director's recommendation on the proposed Scenic Corridor Overlay District, and together with a proposed scenic corridor overlay district enabling ordinance which establishes the scenic corridor district and provides standards and conditions for within the district, including permitted land uses, accessory uses, densities, heights, setbacks, signage, view planes, access management, and variances from the requirements of this chapter, if applicable, as contained in the Corridor Management Plan. (g) The commission shall review the enabling ordinance and the Scenic Corridor Management Plan and forward iu recommendation to the council through the mayor for the council's consideration and action. (I) In reviewing the Corridor Management Plan, the commission shall hold at least one public hearing in the council district in which the proposed scenic corridor overlay district is located. (2) Within ten days after receiving notice of the date of the public hearing, the director shall serve notice on affected owners, and lessees of record inside the proposed Scenic Corridor Overlay District, as well as surrounding owners, and lessees of record located within 300 feet outside of the proposed Scenic Corridor Overlay District. (3) Within 120 days after receipt of the Scenic Corridor Management Plan from the director, the commission shall transmit the proposed Scenic Corridor Overlay District ordinance and Scenic Corridor Management Plan together with its recommendation thereon through the mayor to the council. If no recommendation is made within 120 days, the Scenic Corridor Management Plan and enabling ordinance shall be forwarded to the council with a negative recommendation. Section 25-6-65. Conditions and standards imposed on Scenic Corridor Overlay District. (a) The Council may impose conditions on the use of the property within the district provided that the Council finds that the conditions are: (I) Necessary to prevent circumstances which may be adverse to public health, safety and welfare. 4 (2) Reasonably conceived to fulfill needs directly emanating from the land uses proposed with respect to protection of the public from the deleterious effects of the proposed uses, or fulfillment of the need for the public service demands created by the proposed uses. (b) In addition to the conditions in subsection (a), the council shall include conditions and standards as part of the proposed Scenic Corridor Overlay District enabling ordinance needed to implement the intent of the Corridor Management Plan. Section 25-6-66. Review and approval of applications. After adoption of a Scenic Corridor Overlay District Enabling ordinance and Corridor Management Plan, all approvals including, but not limited to sign permits, grading and grubbing permits, and subdivision approvals shall conform to the standards and conditions contained in the Scenic Corridor Enabling ordinance" SECTION 2. Severabili[y. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are severable. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: ~O C CIL ME E ,COUNTY OF HAWAII Hilo, Hawaii Date of Introduction: Date of 1" Reading: Date of 2"" Reading: IiEFEBE~if#~ 6ornm, 75~__ s Comm. 759: AN ORDINANCE AMENDING CHAPTER 25 (ZONING (Bi11265) CODE) OF THE HAWAII COUNTY ODE, RELATING TO SCENIC CORRIDOR OVERLAY DISTRICTS From Councilwoman Nancy Pisicchio, dated September 24, 2002, transmitting the attached bill regarding Scenic Corridor Overlay Districts. This amendment will serve as a policy framework for the creation of Scenic Corridor Overlay zones in the County of Hawaii. However, for an individual highway to be designated as a "Scenic Corridor", a separate Corridor Management Plan and accompanying enabling ordinance would be required to be approved by the County Council. Such an ordinance will establish standards and conditions specific to an individual section of highways. CHR. LEITHEAD-TODD: Because of our current restrictions in our County Code, I need a motion to refer this to the Planning Commission as they need to deliberate this as it's an amendment to the Zoning Code. So, therefore, may I have a motion to refer this to the Planning Commission? Ms. Pisicchio moved to refer Comm. 759 and Bil] 265 to the Planning Commission for their deliberation. Seconded by Mr. Tyler. MRS. LEITHEAD-TODD: Okay. Discussion? Mr. Tyler. MR. TYLER: Yes, very, very briefly, because this is going to be referred to the Planning Commission, probably this matter, which is been authored by Ms. Pisicchio, will probably come back to us after her term is done. So, I just wanted to say that I know. personally, haw hard she has worked on this. There has been many drafts, all of which she has shared with me, and everyone seems to have gotten better. I also know she has spent a lot of time, not only talking with the Planning Director and his staff, but also, with the Office of Corporation Counsel. So, I personally would like to thank her since I might not have this opportunity except when she is a private citizen. I'm sure we'll hear from her when it comes back up. Thank you. CHR. LEITHEAD-TODD: Thank you. Ms. Jacobson. MS. JACOBSON: I just wanted to thank my colleague for bringing it forth and express complete support. And is there a way for us to give, as a group, a positive recommendation to the EXHIBIT , Planning Commission or must my word on the record that I support it, and would like to see them move it forward too? CHR. LEITHEAD-TODD: You can always submit testimony to the Planning Commission. Thank you. Any further discussion? There being none. Motion on the floor is to refer this to the Planning Commission. The motion was carried by the following vote: In Favor: Committee Members Arakaki, Elarionoff, Jacobson, Pisicchio, Tyler, Yagong, and Chr. Leithead-Todd Opposed: None Absent & Excused: Committee Members Chung and Safarik CHR. LEITHEAD-TODD: Motion is carried. Bill is referred. Thank you, Ms. Pisicchio BACKGROUND OVERLAY ZONES Overlay Zones are a common land-use tool designed to accomplish a variety of goals. To put it in a nutshell, an "overlay" zone is a special zone that is "ovedaid" on the existing land use regulations to supplement these regulations. In other words, it provides a mechanism to establish specific, unified, land use standards or conditions that are applied in addition to the conditions already in place as defined by the underlying zoning designations. Overlay Zones are adopted for land surrounding airports in order to establish specific conditions related to airport safety, security, and access. For example, conditions regarding heights of towers or night-IigMs may be imposed in a region surrounding the airport. Overlay zones are also often applied to flood zones to increase public safety as well as to establish linear green belt parks over flood prone areas. They are also used to create special enterprise zones to create incentives for business within a specific area. But the use of overlay zones encompassing land along transportation corridors is probably the most common application across the country. Typically, as one travels along a highway, the zoning designations of the adjoining properties can range from conservation to agricultural to urban to commercial within a distance of a few miles. Therefore, an "overlay" zone provides a flexible tool to establish specific standards or conditions, in addition to those defined by the underlying zoning designations, in order to create, preserve, and/or enhance common features along the transportation corridor. The corridor overlay zone extends for a specific length and width, on a case by case basis. Within this corridor overlay zone, conditions or standarcJs can be established to address things that can be seen by those traveling along the transportation route, such as landscaping, utility poles, signage, view planes, building standards, recreation, access, and natural, historic, and cultural resource preservation. Depending on the goal, the corridor overlay zone can be applied to newly constructed roads or those currently in use. SCENIC CORRIDORS and BYWAYS The Federal Highway Administration operates the National Scenic Byways Program in over 45 states. The Program offers communities funding opportunities and training to identify, preserve, and develop scenic, cultural, historic, archaeological, natural, and/or recreational resources along designated transportation corridors. The program encourages local citizens, business, conservation organizations, and government agencies to work together to protect these intrinsic qualities that may exist along transportation corridors. A few years back, the State of Hawaii, Department of Transportation was provided seed money from the Federal Program for the purpose of developing the Hawaii Scenic Byways Program. After much delay, that process to set up the State Program has begun. In order to place ourselves in the position to be eligible for funding from the Program, once it is in place, the conditions included in this proposed amendment to Chapter 25, such as the requirement for a Corridor Management Plan, have been patterned after the Scenic Byways Program. A PLANNING TOOL With or without a Scenic Byways Program, the establishment of a new section for Scenic Corridor Overlay Zones within Chapter 25 provides the Planning Department with a useful tool to more effectively respond to regional planning needs of the County of Hawaii. The Scenic Corridor Overlay Zone mechanism will provide an additional opportunity to fulfill a variety of goals adopted within the County General Plan ranging from the identification and preservation sites of historical and cultural importance and areas of unique natural beauty as well as to increase recreational opportunities for the residents and visitors within the County of Hawaii. EXHIBIT `C ' Community anti Fconornic Develop~n°•^t Toolbox: lJverlay L?~slru;ts Page I of 4 _ y( i i ~ Y iOEf ~-91_'~.i by David Church ~,:rr,~r ~~a~a ~:;A,~ad„> New York Planning Federation r , ; . How we treat our land is one of the most important challenges facing us today. Many critical decisions about land a s° , : , . „ $,,+na , r. use are made at the local level, through a community's master plan, zoning laws, subdivision regulations and , ; complementary programs. 3--,~ k ~ Unfortunately, conventional land use regulation such as zoning often fails to protect significant environmental „ , resources. The original, early loth century concept of zoning .e, , , , regulation was to make living conditions safer by dividing a municipality into different areas; locating, for example, s factories and industries in one area and housing in another. , Built on this concept of separation of uses, zoning evolved into a tool for planning the direction of a town's future expansion to best suit its transportation, health and safety needs. More recently, protecting important environmental resources has also become a major issue. What is an "overlay district"? An "overlay district" is a special zone that is drawn on a map outlining a significant resource. The resource could be an aquifer, a watershed, a shoreline, an historic area or a mountain ridge. This district is "overlaid" on the existing land use regulations such as subdivision requirements, site plan review or zoning districts of the town. The overlay district then supplements these existing regulations. This approach allows a town to maintain or update current codes while addressing the special needs of particularly sensitive areas. A good example of overlay districts is floodplains, where any http://unvw.cardi.t~omell.e~lulc:d U~trl~trx ?ltools/ove±'IRzy,tlistricts.ti.l.'ro ]0113/'~.~0'1, (:omrnu~ail.y %~etd tsE~rsraomwc lie elr~pn~~^r~t I~urblbox: rJVE'.xlay rFtEru4,ts x°frge L of 4 housi.,a <>r construction must meet cex°tain r. . a standards in order to be approved. This is done to protect lives and property and ensure the natural fmictiorxing of the floodplain. Overlay districts are currently used in many towns across New York State and the country for a variety of purposes, including protecting agricultural resources, historic properties, aquifers, road corridors and gateways, and scenic views. Other common examples of overlay districts found throughout the State include: . Historic or Architectural Review Districts for special neighborhoods or downtowns . Access Management and Road Corridor Standards along major gateway routes. . Agricultural protection and Right to Farm standards in prime farmland areas. . Watershed Protection around reservoirs, aquifers, and shorelines. . Scenic Views to and from ridgelines, shorelines, and special features. Advantages of overlay districts An overlay district . can be written and mapped to incorporate whatever features are most important to a town. Boundaries can be easily defined using tax lot lines, roads, and existing slope or soils maps which closely approximate the feature of interest. . can address all of the town's concerns regarding any proposed land use change inside the district. Anything that might impact the quality of the proposed mapped feature can be addressed, including road requirements, frontage, lot size, lot coverage, setbacks, tree cutting, vegetation buffers, siting of houses, lighting and open- space natural areas. . can easily be implemented by passing a town law appending it to the existing land use regulations. Substantial rewriting of underlying zoning, site plan review or subdivision regulations is not required. . can be modified in the future should the town discover it wished to add or modify items. Using an overlay district, a municipality continues to protect its own resources without the imposition of authority from outside agencies. The decision-making process, tlaorefox°e, is I~opt at tlxe local levol where stewardship ~°an remain a point of evmmurxity pride. Officials and hlt'p://wti~v.r°,.~rdi.cc~rr~c-ll.edx~lc:d 1~c~iollrwc ')/toc+lc/ove~~rlt~ty_tlisia~irts.+,im io/t3/~~q2 (:omrnnnity and Hacnovrnc; MDev~iop~x~erlt a~nronx: vvrm'~ay ~~nsn~ccs rage ~ of ~r solved citizens retain the opportuiu~~ ~ exercise self- detertninationand self-respai~~sibilityfor their town's futuree Geographic features, like scenic views, watersheds or river corridors, extend across several municipalities. Adoption of similar overlay districts by adjoining towns can also permit more consistent region wide planning for such a feature, rather than piecemeal protection. Benefits The real power and effectiveness of overlay districts lies in the fact that all the parties involved in the land development review process can benefit. This includes the town, the property owner or developer and the public. While the standards and requirements to the developer are different than they are in other, non-overlaid zoning districts, the public hearing procedure to obtain approvals is the same. Since the guidelines and expectations for the overlay district are clearly defined in advance, battles over environmental issues at board meetings among the town, a developer and the public may also be minimized or eliminated. When building in an overlay district, a developer will have a clear understanding of the town's expectations and realistic development possibilities at the beginning of the approval process, before major commitments or expenditures are made. Since measures to protect the environment are built into the overlay district site plan from the beginning, the environmental review (SEQR) process can be effectively focused. This can lead to quicker, less costly approval process. Sample and model overlay district language for a variety of environmental resources is available from the New York Planning Federation. Contact the Federation at 44 Central Avenue, Albany, NY ia2o6, call8oo-366-693 or go on-line at David Church is Executive Director of the New York Planning Federation. t http://www.ca~-di.coruell.eda/cd_Cuolbox_ 2/tools/overlap_districts.cfm 1 0/1 312 002 I~t:y (lrha:fe ; ItitakuiY Y lsc i~t t,6verr;w G~erle9 l~a.ge 1 of t 1~/(aPaiug Uae ®~f ®verlmy ~'.on~s Read start of ar'l~icle: by Many communities are finding, with increasing frequency, that traditional zoning through residential, commercial, and industrial districts is not sophisticated enough to address complicated growth and development issues. To fill this void, local governments are creating zoning approaches with increased flexibility, aimed at more specialized targets and intended to solve problems identified in Overlay zones can provide increased their community. flexibility in local zoning codes. One of these tools is the overlay zone. The overlay zone is, as the name tells us, Attorney and planner Elizabeth a special zone placed over an existing zoning district, part of a district, or a Garvin covers the basics of using combination of districts. Put another way, the overlay zone includes a set of overlay zones. regulations that is applied to property within the overlay zone in addition to the requirements of the underlying or base zoning district. From PCJ N43, Smnmer 2001 The overlay typically provides requirements (or incentives) intended either to protect a specific resource or to encourage development in certain areas. on downloading Overlay zones allow for increased flexibility in local zoning since they more closely tailor needed requirements (or incentives) to areas within the community which share certain characteristics.... The full article can be ordered & downloaded. Click lightning bolt icon at top left. ldl.pa/wwtiv.plaunerswr,h.co~n/wfileslvvs i S.html q%~/2U02 rssuc: 1a, A,i,ay i99% Conventional zoning has long been viewed as a means of or extends the existing uses. While the promoting the "health, safety, and general welfare" of the underlying zone or zones identify permitted community by establishing districts and land uses permitted land uses, the overlay zone might provide within each district. Each zoning district has certain design restrictions, additional setbacks, or regulations for the use of buildings, stmctures, and land. other exceptions to the base district Other requirements may determine location, height, bulk, regulations. parking, and right-of--ways. Typical zoning districts include residential, commercial, industrial, and agricultural districts, with boundaries identified on a zoning map. These boundaries are modified as requests for rezoniugs are approved. A. There are a number of reasons why a community would consider new zoning Over the years, the rigidity of traditional zoning has requirements to be met. Overlay districts are been criticized for not responding to economic, social, used to achieve various planning objectives, environmental, cultural, and real estate market such as preservation of unique characteristics changes. As a result, various techniques have been or physical amenities, or management of developed that increase the flexibility of zoning in an health and safety issues. Examples of overlay effort to more effectively manage land development. zoning districts follow: Some of these flexible zoning techniques include . Natural Resources -conservation of view planned unit developments (PUD), floating zones, corridors, recreation corridors, wildlife special districts, and overlay zones. (Floating zones comdors, hillside preservation, extractive are zoning districts that do not have predetermined resources area regulations, and watershed boundaries and can be applied within a jurisdiction if protection guidelines. certain criteria are met. An example might be the establishment of a district to accommodate a regional • Open Space Preservation -allowing the use shopping center in a community that does not have of cluster units to minimize alteration to these locations predetermined on a land use map or views, maximize azeas to be left open or zoning map.) Language in Section 462.O1.A.9 and D undeveloped, or maintain lifestyle of the Arizona Revised Statutes provides Arizona expectations. Recreation linkages can also be municipalities with a valuable tool by giving them addressed. authority to create special zoning districts and overlay . Historic Preservation -architectural criteria zoning districts to respond to local conditions and are developed to address design, materials, concerns. and special uses to enhance or protect historic districts or culturally significant areas. In A. Overlay zoning is generally used when there is addition, special control of signage is usually addressed. special public interest that doesn't coincide with the traditional zoning in that geographic • Economic Development -protect, enhance, or area. It is a mapped area with restrictions in develop an Enterprise Zone or downtown addition to or less than those in the underlying district. traditional zone. Rather than attempt to create . Specific Plans -Planned Area Developments a new zoning category, an overlay zone is (PADS) or Planned Unit Developments superimposed crver the traditional area and (PUDs) specify certain standards that could establishes additional regulations, or reduces deviate from the underlying zoning district. Iiiese staudarrls cordd adG s oprn space This over quay b;ovcr just a taw blocks. requirements, minimum lot sizes, density, or Another overlay zoning district could Craverse roadway requirements. Proposed future the jurisdiction to protect a floodway or conditions for a town center cordd also ba moimtaiu rouge. defined and illustrated in a specific plan. A. Yes, but as the number of overlay zones A. Yes, it is possible to create an ordinance that may enable the use of a zone by interested increases, the complexity of compliance also parties, but does not define the specific increases. Therefore, single overlays are boundaries. In developing this type of overlay suggested to decrease the potential of regulatory and administrative complications. zone, the criteria for placing an overlay zone over a conventional zone or zones are listed in the community's enabling ordinance. For A. Overlay zones typically provide an extra layer example, in Colorado Springs, qualifications of regulation. However, overlay zones can include: protecting surrounding development also be used to provide exceptions to the to ensure an easy transition between different conventional zoning district. For example, an uses. In addition, many communities also list enterprise overlay district in a central business the criteria necessary for an area to qualify for district may allow for additional floor area overlay zoning, such as being a recreation ratios, parking waivers, and additional uses space, or being an ecological land form like a not otherwise allowed. wetland, forest, pond, etc. A. The process of developing an overlay zone ordinance is similar to that of conventional A. In such cases, the requirements of the overlay zoning, but can be confusing because the use zone district apply. For instance, if a restaurant is located in a commercial district of overlays are so varied. Included in a typical ordinance format are: with an Historic District overlay zone, there . ``Title"-Short, descri tive titles are enerall might be a conflict in signage requirements. p g Y Conventional zoning would most likely have easier to understand and identify. restrictions for signage regarding allowed . "Purpose"-This section usually contains (1) square footage and might not allow signage a definition of the overlay zone; and (2) that hangs perpendicular to the building or the discussion of why the overlay zone is use of neon. The Historic District zoning necessary in this area. district might be more flexible to allow these "Boundaries"-Boundaries can be defined choices if they reflect the heritage of past ~ using the official zoning map, street names, or years. area dimensions. Sometimes, the boundary may only be a list of specific buildings. If no boundaries exist, the criteria discussed earlier A. No, the boundaries are determined by criteria. would be found in this section. Boundaries may cover several traditional ® "Restrictions of the Overlay 'Lone" zones or only small portions of one zone. For ordinance might define here exactly what the example, an Historic District overlay zone may restrictions are in order to reduce confusion. encompass a residential neighborhood immediately adjacent to the town center with a "`®esignation"-Overlay zones are generally commercial zoning along roadway corridors. noted by adding an extra letter to the letter which signifies the underlying zone, i.e., OHS I3urean c?t F"lanitinla ~ ayva~rasy aott~:; t-age t or ~ BOP Home Contact Us Helpful Links Site Map Search Document Library ~•~'I- r ,o,~ .-r,~ea~. The purpose of the Alternative Design Density Overlay Zone is to foster owner occupancy, focus development on vacant sites, preserve existing housing and encourage new development that is compatible with and supportive of the positive qualities of residential neighborhoods. The overlay zone allows households in Portland to use their existing housing to supplement their income through addition of accessory dwelling units and allowances for home occupations. The zone allows the construction of new "owner occupied duplex units" where the duplex is a means of reducing the cost of new owner occupied housing. The concept for the zone is to allow increased density for development that meets additional design compatibility requirements. The type of additional density allowed will foster opportunities for owner occupancy. TOP The Buffer overlay zone requires additional buffering between nonresidential and residential zones. It is used when the base zone standards do not provide adequate separation between residential and nonresidential uses. The separation is achieved by restricting motor vehicle access, increasing setbacks, requiring additional landscaping, restricting signs, and in some cases by requiring additional information and proof of mitigation for uses that may cause off-site impacts and nuisances. TOP r Environmental zones protect resources and functional values that have been identified by the City as providing benefits to the public. The environmental regulations encourage flexibility and innovation in site planning and provide for development that is carefully designed to be sensitive to the site's protected resources. The environmental regulations also carry out Comprehensive Plan policies and objectives. The Environmental Protection overlay zone is applied wherever the City determines that highly significant resources and functional values are present. The Environmental Protection overlay zone is shown on the Official Zoning Maps with the "p" symbol. The Environmental Conservation overlay zone is applied wherever the City determines that significant resources and functional values are present. The Environmental Conservation overlay zone is shown on the Official Zoning Maps with the "c" symbol. Additionally, Natural Resource Management Plans may contain regulations that supersede or supplement the regulations of this chapter. Whenever natural resource management plan provisions conflict with other provisions of this chapter, the natural resource management plan provisions supersede. Non-conflicting provisions supplement the provisions of this chapter. Maps 430-9, 10, 11 and 12 show Natural Resource Management Plan areas. TOP The Design Overlay Zone promotes the conservation, enhancement, and continued vitality of areas of the City with special scenic, architectural, or cultural value. This is achieved through the creation of design districts and applying the Design Overlay Zone as part of community planning projects, development of design guidelines for each district, and by requiring design review or compliance with the Community Design Standards. In addition, design review or compliance with the Community Design Standards ensures that certain types of infill development will be compatible with the Itttp://www.planning.cLportland.or.us/ZoneSmnmaries/Overlays.htrnl '7/6/2002 l3w~eau of t"laawiaag ~ CDv~erla~,a Y.one~ Page 7, of 3 neighborhood and enhance the area. TOP The Future Urban overlay zone limits development in future urban areas. Future urban areas are, (1) all areas beyond the Metropolitan Service District's Urban Growth Boundary (UGB), and (2) areas within the UGB to which the extension of full urban services would not be cost effective or would cause unacceptable harm to the environment. The Future Urban overlay zone limits development by prohibiting the creation of new lots with a total area of less than 20 acres. TOP The Greenway regulations are intended to: Protect, conserve, enhance, and maintain the natural, scenic, historical, economic, and recreational qualities of lands along Portland's rivers; Establish criteria, standards, and procedures for the development of land, change of uses, and the intensification of uses within the greenway; Increase public access to and along the Willamette River for the purpose of increasing recreational opportunities, providing emergency vehicle access, assisting in flood protection and control, providing connections to other transportation systems, and helping to create a pleasant, aesthetically pleasing urban environment; and Implement the City's Willamette Greenway responsibilities as required by ORS 390.310 to 390.368. River General (g). The River General zone allows for uses and development which are consistent with the base zoning, which allow for public use and enjoyment of the waterfront, and which enhance the river's natural and scenic qualities. River Industrial (i). The River Industrial zone encourages and promotes the development of river-dependent and river-related industries which strengthen the economic viability of Portland as a marine shipping and industrial harbor, while preserving and enhancing the riparian habitat and providing public access where practical. River Natural (n). The River Natural zone protects, conserves, and enhances land of scenic quality or of significant importance as wildlife habitat. River Recreational (r). The River Recreational zone encourages river-dependent and river-related recreational uses which provide a variety of types of public access to and along the river, and which enhance the river's natural and scenic qualities. River Water Quality (q). The River Water Quality zone is designed to protect the functional values of water quality resources by limiting or mitigating the impact of development in the setback. TOP The Aira°aft Landing overlay zone provides safer operating conditions for aircraft in the vicinity of Portland International Airport by limiting the height of structures and vegetation fOP The Main Street Node overlay zone regulations encourage a mix of residential, commercial, and employment opportunities within identified centers of activity along Sandy boulevard. The zone allows for efficient use of land at increased densities for the mutual reinforcement of public investments and private development. Allowing additional height and floor area for all uses encourages transit-suppoa-tive densities and a mix of uses and activities. TOP httpa/w~n~wi. pl annin~.ci.l,tt>rLla nd.nr.us/Z~ ~neSuuaann,ries/Q~ailays.htrnl 7/x/2002 ISureau of lrlannnag ~ l)vcrlay EC1nN5 1°abe S ok ;S The Main Street Node overlay zone regulations encourage higher density residential uses by allowing greater building heights, reducing required building coverage for residential development; and allowing more flexibility in site design. The intent of the zone is to provide transit-supportive levels of residential uses, in addition to commercial uses along the Sandy Boulevard main street, between centers of commercial and mixed-use activity. TOP The Scenic Resource zone is intended to: Protect Portland's significant scenic resources as identified in the Scenic Resources Protection Plan; Enhance the appearance of Portland to make it a better place to live and work; Create attractive entrance ways to Portland and its districts; Improve Portland's economic vitality by enhancing the City's attractiveness to its citizens and to visitors; Implement the scenic resource policies and objectives of Portland's Comprehensive Plan. The purposes of the Scenic Resource zone are achieved by establishing height limits within view corridors to protect significant views and by establishing additional landscaping and screening standards to preserve and enhance identified scenic resources. TOP The Light Rail Transit Station overlay zone encourages a mixture of residential, commercial, and employment opportunities within identified light rail station areas. The zone allows for a more intense and efficient use of land at increased densities for the mutual re-enforcement of public investments and private development. Uses and development are regulated to create a more intense built-up environment, oriented to pedestrians, and ensuring a density and intensity that is transit supportive. The development standards of the zone also are designed to encourage a safe and pleasant pedestrian environment near transit stations by encouraging an intensive area of shops and activities, by encouraging amenities such as benches, kiosks, and outdoor cafes, and by limiting conflicts between vehicles and pedestrians. TOP The Portland International Airport Noise Impact overlay zone reduces the impact of aircraft noise on development within the noise impact area surrounding the Portland International Airport. The zone achieves this by limiting residential densities and by requiring noise insulation, noise disclosure statements, and noise easements. TOP Updated 05/31{02 htlp://wu~w.piarming.t'i.pus°iland.or.trs%?"~onetiunamaries/Ovelia~ys.htnd ~/6/200'L RRi11265ScenicCoRSupplagk-1 1 /7/02 COUNTY OF HAWAII PLANNING DEPARTMENT SUPPLEMENTAL BACKGROUND REPORT COUNTY COUNCIL INITIATED PROPOSED AMENDMENT TO CHAPTER 25 (ZONING CODE), HAWAII COUNTY CODE, RELATING TO SCENIC CORRIDOR OVERLAY DISTRICTS The County Council has submitted proposed Bill No. 265 amending Chapter 25, Zoning Code, relating to Scenic Corridor Overlay Districts. The proposed bill intends to add a new section to the Zoning Code to provide for the policy framework and set the criteria and procedures for the creation of Scenic Corridor Overlay District. AGENCIES' -COMMENTS 1. Department of Public Works (November 13, 2002 Memorandum): "The FHWA has a program for Scenic Comdor Overlays but Hawaii chose not to participate and, therefore, there is no funding for this type of plan development. "The proposed Bill No. 265 would add another tool to address planning and engineering issues along the transportation corridor and the Department supports that." 2. Department of Parks & Recreation (November 13, 2002 Memorandum): "We have reviewed the proposed bill and have no comments or objections to offer. Thank you for the opportunity to review the bill." 3. Police Department (November 18, 2002 Memorandum): "Staff has reviewed the above-referenced application and has no objections or comments to offer at this time." 4. Department of Land and Natural Resources, Land Division-Engineering Branch (November 22, 2002 Letter): "Future projects, if constntcted in flood zones, must comply with rules and regulations of the National Flood Insurance Program (NFIP) and all applicable County Flood Ordinances If there are questions regarding the NFIP, please contact the State Coordinator, Sterling Yong, of the Department of Land and Natural Resources at 587-0248. If there are questions regarding flood ordinances, please contact applicable County representative." i 7;~~_ 5. Department of Land and Natural Resources, Land Division-Planning & Development Section: (See Exhibit D -November 20, 2002 Letter) PUBLIC COMMENTS 6. Malama O Puna: (See Exhibit E) GILeERT S. COLOMA-AGARAN BENJAMIN J. CAVETANO 26,..x^^ ~~9~ CHAIRPERSON GOVERNOR A°.~ IY55 a\9~ BOARD OF IANp ANO NATURAL RESO URGES t ERIC T. MIRANO DEPUTY DIRECTOR LINNEL T. NISHIOKA g~ pEPUTY DIRECTOR FOR „ THE COMMISSION ON WATER ~'PtlN~6nPS RESOURCE MANAGEMENT STATE OF HAWAII AOVATIC RESOURCES BOATING AND OCEAN RECREATION DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT LAND DIVISION CONSERVATION AND RESOURCES ENFORCEMENT P.O. BOX 6Z1 CONVEYANCES FORESTRY qND W ILOLIFE HONOLULU, HAWAII 96809 HISTORIC PRESERVATION NAMOOUWE ISIAND RESERVE N~V ~ O ~ COMMISSION LAND STATE PARKS Christopher J. Yuen, Planning Director L-4004 County of Hawaii s B Planning Department ~GC~~~-~,'~~ 25 Aupuni Street Room 109 R` pE Np;~E~~ Hilo, Hawaii 96720 ~~N~~G W Subject: Proposed Bill No. 265 Amending Chapter 25 (Zoning Code) of the Hawaii County Code relating to Scenic Corridor Overlay Districts Dear Mr. Yuen: Please accept our apology in not responding to your request sooner. A copy of your request was distributed within the Department. Attached is a copy of the Planning & Development Section comments. The Department of Land and Natural Resources has no other comment to offer at this time. Should you have any questions, please contact Nicholas Vaccaro of the Land Division, Support Services Branch at 587-0438. Sincerely, c,~~.~~ ~ ~~n~ DIERDRE S. MAMIYA Administrator Cc: Land Board Member Maui Planning Department OEQC EXHIBIT ° GIL9ERT 5. COLOMA-AGARAN BEN IAMIN J. CAVI'(TANO a E °..~a w CHAIRPERSON GUVERI 1'+. qf!`p ,85g •,9 ROARD OF LgND AND NATORgL RESOURCES 5 ERIC T. HIRANO I DEPUTY DIRECTOR `r~ LINNEL T. NiSHIOKA \s oQ+P DEPUTY DIRECTOR FOR Op; THE COMMISSION ON WATER ~'B p9~P>t'~' RESOURCE MgNAGEMENT STATE OF HAWAII AQUATIC RESOURCES BOATING ANO OCEAN RECREATION DEPARTMENT OF LAND AND NATURAL RESOURCES cDMMISSION ON waTER RESOUIxcE MANAGEMENT LAND DIVISION CONSERVATION AND RESOURCES ENFORCEMENT P.O. BOX 621 CONVEYANCES FORESTRY AND W ILOLIFE HONOLULU, HAWAII 96809 HISTORIC PRESERVATION KAHOOIAWEISIAND RESERVE 1~/ o COMMISSION I V J Y ~ Z~L„`J STADTE PARKS L-4004 Suspense Date: 11/19/02 MEMORANDUM TO: x Division of Aquatic Resources Land Division Branches: x Division of Forestry & Wildlife x Planning & Technical Services x Na Ala Hele Trails x Engineering Branch x Division of State Parks x Hawaii District Land Office x Division of Boating & Ocean Recreation x Planning & Development x Commission on Water Resource Management FROM: Charlene E. Unoki, Acting Assistant Administraty~'r' r ~~~io Land Division L ~~~•-t'.r/~---~-_ SUBJECT: County of Hawaii Proposed Bill No. 265 Amending Chapter 25 (Zoning Code) relating to Scenic Comdor Overlay Districts Please review the attached document covering the subject matter and submit your comments (if any) on Division letterhead signed and dated within the time requested above. Should you need more time to review the subject matter, please contact Nick Vacarro at Ext. 7- 0438. If this office does not receive your comments on or before the suspense date, we will assume there are no comments. Thank you. ( ) We have no comments. Comments are attached. Signed: Date: /~-/c/-D L GILBERT S. COLOMA-AGARAN BENJAMIN J. LAYETANO Art ~.~-~-.'.!a y- CHAIRPERSON e ,9 5 g ' 9~ BOARD OF LANG qND NATURAL RESOURCES GOVERNOR N ~ - - ~ ~ ERIL T. HIRANO t i DEPUTY DIRECTOR ~?t1 LINNEL T. NISHIOKA DEPUTY DIRECTOR FOR @ THE COMMISSION ON WATER >®.®;~-N-fp6~ RESOURCE MANAGEMENT STATE OF HAWAII ADUATID REGpURDES BOATING ANO OCEAN RECREATION DEPARTMENT OF LAND AND NATURAL RESOURCES COMMISSION ON WATER RESOURCE MANAGEMENT LAND DIVISION CONSERVATION AND RESOURCES ENFORCEMENT P.O. BGX 621 CONVEYANCES FORESTRY ANO W ILDLIFE HONOLULU, HAWAII 96809 HISTORIC PRESERVATION KAHOOLAWE IStANO RESERVE COMMISSION LANp STATE PARKS MEMORANDUM To: Charlene E. Unoki, Acting Assistant Administrator DLNR, Land Division From: Keith Chun, Planning and Development Manager Date: November 19, 2002 Re: County of Hawaii Proposed Bill 265 relating to Scenic Corridor Overlay Districts The proposed bill seeks to amend the County of Hawaii's zoning code to allow Scenic Corridor Overlay Districts ("SCOD"). While the desire to protect and enhance the scenic, historic and other natural features of a particular area is to be applauded, we also offer the following comments: 1. The proposed SCOD could affect State owned lands (as well as privately owned lands) and DLNR's ability to utilize these lands. DLNR has begun actively seeking to put State-owned lands to their highest and best use and increase the revenues generated from such lands. These efforts include master planning, rezoning, and consolidation/resubdivision efforts to allow for higher and more productive uses of State-owned lands, including possible development of such lands. Therefore, we are concerned that any SCOD that includes State- owned lands would restrict or limit DLNR's use or potential use of such lands. 2. The proposed ordinance does not give adequate consideration to a landowner's (including DLNR's) rights and the possible adverse impacts of a SCOD on such rights. Under the County's zoning ordinance, a landowner may develop its property in accordance with the permitted uses and development standards for the applicable zoning district (e.g., height limits, density, minimum setbacks, etc). Any additional restrictions imposed under a SCOD could reduce or limit these development rights and decrease the value of the affected lands. The criteria set forth in Section 25-6-61 of the proposed ordinance for establishing a SCOD fails to adequately protect a landowner's rights. The only criteria that attempts to address the rights of affected landowners sets an unreasonably low threshold by allowing a SCOD that would adversely impact the rights of landowners, as long as the adverse Memorandum to Charlene E. Unoki, Acting Assistant Administrator DLNR, Land Division November 19, 2002 Page 2 impacts are not "substantial". This should be revised to require that all potential impacts on landowners' rights, including impacts on development rights and land values, be addressed. In addition, the ordinance should also require that any Corridor Management Plan include an explanation of how the rights of any landowners within the proposed SCOD would not be adversely affected. 3. The cover memo addressed to the County Council from Councilmember Pisicchio dated September 24, 2002 states: "But, for an individual highway to be designated as a "Scenic Corridor", a separate Corridor Management Plan and accompanying enabling ordinance would be required to be approved by the County Council." It is not clear from the memo which "individual highway" is being referred to, and whether it is intended that this highway be excluded from the requirement of a separate Corridor Management Plan and accompanying enabling ordinance that must be approved by the County Council. If this individual highway is to be designated a SCOD, the highway and the process for designating it a SCOD should be detailed and addressed at the same time as the proposed ordinance. NOW-18-2002 10:04 RM 8089659254 P.01 ` ~ . ' j r MALAMA O PUNA _ P, O. Bax 1520 ~ Pahoa, Hawaii 96'778 o.~s,~ 19 A(rl 1 0`f (808) 965-9254 Preserving Hawai 'fs precious natural heritage I ~ `~;~=~~~f ~ i~~~~~~EIVT C(;iitalY G. ` :All Hawai 'i County Planning Commission Planning Aepartment Aupuni Street Annox Hilo, HI RE: BII:L 265 - SCI;NTC CORRIDOR OVERLAY Dear Commissioners: I regrot that I was unable to stay at the November 15"' meeting and present this testimony in person. I cxn no longer drive slier dark. You probably all remember the Carol King song "Pave paradise, put up a parking lot". I was in my twenties when it first came out, and now I am s senior oitizen and we are atiU paving away and the song is moro appropriate than ever. The County Council recently demonstrated its willingness to be proactive and it s abifity to think outside the box, when it detem»ned that (iovornment Besah Road (listed in the General Plan as an area of scenic beauty) should remain so, by protecting the 354 old growth mangos lining both sides for 1 '/a miles. In effect, a scenic corridor has been created. Most tourists come here for the fabled natural beauty, but most of what they see are our roads. We depend on tourist dollars, and we want them to return to Hawaii, stay longer and spend more money. Somt of our roads are still a marvol of beauty -but others, such as she Pahoa-Kea `au Road, are as ugly as can be. A large part of the problem is that our land use and zoning rules cannot be customized for differont areas. This loads to variance requests. But granting variances often leads to an unsightly hodgepodge patchwork of land use without any aesthetic or lUnctional continuity. This scenic corridor addition td tho zoning code will allow us to allow ail our transportation corridors to be scenic. And why not? We all enjoy a drive along beautiful roadsides: Why should we settle for ugly? Why should we deprive ourselves and our progeny? With sconic corridor overlays we can fine tune and individualize for each corridor as it runs through various land zonings. We can protect beauty and scenic overlooks where they still exist and enhance and recreate them whore they no longer do. We will create jobs for our landscape industry. We will enhance the visitor experience, rr~ - EXHIBIT' NOV-18-2002 10:05 AM 608° 59254 P. O2 Isabella Bird, writing in "Six Months in the Sandwich Islands" in 1875, referred to the road between the area saw known as Kea 'au and lower Puna as one of the most beautiful in the islands. We have turned it into an eyesore, crisscrossed with multiple utility lines and separate poles fbr each utility -one cannot get a clear view of Mauna Kea without tlils visual intrusion. It is now one of the ugliest toads in the County. But we can remedy that! For ow own aesthetic enjoyment, for the sins, the visitor industry aad the economy. This legislation is the tool. Let's put It in ow toolbox so that we can use it whenever we deem it appropriate or necessary. Tt has already proven its usetiilnesa elaewherc, so let's not deny it to ourselves. Let's pass this ordinance and thCn use h. T urge your support. Mahalo fYOr your thoughtful consideration, Rent Siracusa Prosident LINDA LINGLE te.o c.hq GLENN M. OKIMOTO 60VERNOR a°r'e ,asf.s ~tK~ INTERIM DIRECTOR ~9~~\ 9,~ 1~ `k @ ~ o 1 ~ 2 ~ STATE OF HAWAII w RER~v RERER To: DEPARTMENT OFTRANSPORTATION ~ ~ ~ ~ ~ ~._~I I 869 PUNCH60WL STREET STP 8.0572 - HONOLULU,HAWAll96813-5097 December 5, 2002 Mr. Christopher Yuen Director Fianning Department County of Hawaii 25 Aupuni Street, Room 109 Hilo, Hawaii 96720-4252 Dear Mr. Yuen: Subject: Proposed Bill No. 265 Amending Chapter 25 (Zoning Code) of the Hawaii County Code relating to Scenic Comdor Overlay Districts While we support the general intent of the Scenic Comdor Overlay District, we have concerns with certain elements of the proposed Ordinance. To provide an effective and efficient transportation system that ensures the mobility of people and goods, and enhances and/or preserves economic prosperity and quality of life in our island state, the Hawaii Department of Transportation (HDOT) must maintain authority and control over lands under its jurisdiction. We believe it inappropriate to place additional Scenic Comdor Overlay conditions on lands under the jurisdiction of HDOT since it could negatively impact our mission of providing a safe, efficient, accessible, and inter-modal transportation system. As such, we recommend that language be included to categorically exempt lands under the jurisdiction of the HDOT (Airports Division, Harbors Division, and Highways Division) from this proposed Ordinance. Our specific concerns with the proposed Ordinance is potential negative impacts to lands under the jurisdiction of our Airports and Harbors Divisions, and implications and expectations as to the under grounding of utilities, landscaping, and imposition of specific design standards on state infrastructure and facilities. Lands under the jurisdiction of our Airports and Harbors Division must be developed, managed, and operated to expedite the economic, efficient, and effective movement of people and goods. Critical transportation needs must take precedence over goals of enhanced scenic, historic, recreational, cultural and/or natural features. Mr. Christopher Yuen STP 8.0572 Page 2 December 5, 2002 Section 25-6-64(e)(12) of the proposed Ordinance states, "In the case where the transportation comdor has not been built, the Corridor Management Plan may include special design standards for the corridor development". It is inappropriate for the County to be dictating "special design standards" for State transportation facilities that must conform to nationally accepted design standards. It is equally inappropriate for the County to dictate requirements for under grounding of utilities and landscaping on State transportation facilities, as these types of improvements are often cost prohibitive. We appreciate the opportunity to provide comments. Very truly yours, C/~-~,,~ GLENN M. OKIMOTO Interim Director of Transportation