HomeMy WebLinkAboutBIL 265 Draft 01 2000-2002 COLJN'1'~' O~ ~iAWAI`I S'~°A`I'E~ OF I~AWAI`I
SILL 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 1. 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 25-6-60. 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 the corridor. The permitted uses defined by the 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
infrastructural 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 it 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. IVlinimum corridor length. The minimum length required for a Scenic
Corridor Overlay District is three miles.
Seetion 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 Scenic 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 Management 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 corridor.
(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
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District as well 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)(1)(2)(3) (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.
(ti) Strategy for economic development and marketing the corridor.
(7) Strategy for maintaining and enhancing the Corridor's intrinsic qualities.
(8) Strategy for community participation.
(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:
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(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.
(I 1) 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 its recommendation to the council through the mayor for the council's
consideration and action.
(1) 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.
Bastion 25-6-65. Conditions and standards unposed 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.
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(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 ofthe 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. Severability. 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:
.
C ' UICICIL ME E ,COUNTY OF HAWAI`1
Hilo, Hawaii
Date of Introduction:
Date of I5` Reading:
Date of 2"d Reading:
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